McLish v. Roff - 141 U.S. 661 (1891)

U.S. Supreme Court

McLish v. Roff, 141 U.S. 661 (1871)

McLish v. Roff

No. 1158

Submitted October 13, 1891

Decided December 7, 1891

141 U.S. 661

Syllabus

Under section 5 of the Act of March 3, 1891, c. 517, 26 Stat. 526, "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

Page 141 U. S. 662

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.

The case is stated in the opinion.