McLish v. Roff, 141 U.S. 661 (1891)
U.S. Supreme CourtMcLish v. Roff, 141 U.S. 661 (1871)
McLish v. Roff
Submitted October 13, 1891
Decided December 7, 1891
141 U.S. 661
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
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.