McLish v. Roff

Citations

• 141 U.S. 661
• 12 S. Ct. 118
• 35 L. Ed. 893
• 1891 U.S. LEXIS 2557

Syllabus

<p>Under section 5 of the Act of March 3, 1891, c. 517, 26 Stat..826, “ to establish Circuit Courts of Appeal,” etc., the appeal or writ of error which may be taken “ from the existing Circuit Courts direct to the Supreme Court,” “ in any case in which the jurisdiction of the court is in issue,’-’ can be taken only after final judgment; when the party against whom .it is rendered must elect whether he will take his writ of error or appeal to this court upon the question of jurisdiction alone, or to the Circuit Court of Appeals upon the whole case.</p>