by John Marshall Harlan, Robinson v. Caldwell — Opinion of the Court
“ It was not the purpose of the judiciary act of 1891 to give a party who was defeated in a circuit court of the United States the right to have the case finally determined upon its merits both in this court and in the circuit court of appeals. ”
by John Marshall Harlan, Robinson v. Caldwell — Opinion of the Court
“ If the question of jurisdiction is in issue, and the jurisdiction sustained, and then judgment or decree is rendered in favor of the defendant on the merits, the plaintiff, who has maintained the jurisdiction, must appeal to the circuit court of appeals, where, if the question of jurisdiction arises, the circuit court of appeals may certify it. ”
by John Marshall Harlan, Robinson v. Caldwell — Opinion of the Court
“ It appears from the complaint that the plaintiff claimed to be the owner of a certain tract of land in Idaho, containing 640 acres, and that the validity of his title depended partly, if not altogether, upon the construction of a treaty made between the government of the United States and the Nez Perces Indians on the 11th day of June, 1855 (12 Stat. 957) . ”
