proceedings, and from interlocutory orders relative to injunctions." SECTION 12. APPEALS FROM CIRCUIT COURT OF APPEALS TO SUPREME COURT. In all cases not expressly made final in the Circuit Court of Appeals, there is of right an appeal or writ of error or review of the case by the Supreme Court of the United States, where the matter in controversy shall exceed $1,000 besides costs. But no such appeal shall be taken or writ of error sued out unless within one year from the entry of the order, judgment, or decree sought to be reviewed.8 SECTION 13. APPEALS DIRECTLY FROM DISTRICT AND CIRCUIT COURTS TO THE SUPREME COURT. Appeals or writs of error may be taken from the district or circuit courts directly to the Supreme Court in the following cases: In any case in which the jurisdiction of the court is in issue; in such cases the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision. From the final sentences and decrees in prize cases. In cases of conviction of a capital crime. In any case that involves the construction or application of the Constitution of the United States. In any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority, is drawn in question. In any case in • See 30 U. S. Stats., 553, Sec. 24 and 25. See 26 U. S. Stats., 828, Sec. 7, as Vol. XI.-9. Press and Mfg. Co., 38 U. S. App., 123; 67 Fed. Rep., 809. 26 U. S. Stats., 828, Sec. 6, cl. 3. See McLeed vs. Graven, 47 U. S. App., 573; 79 Fed. Rep., 84; United States vs. Wanameker, 147 U. S., 149; Texas and Pacific Ry. Co. vs. Gentry, 163 U. S., 363; Voorhees vs. Noye Mfg. Co., 151 U. S., 135. which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States. In prize cases the direct appeal to the Supreme Court is allowed where the matter in dispute, exclusive of costs, exceeds the sum of $2,000, or where the district judge certified that the adjudication involves a question of general importance.10 SECTION 14. APPEALS FROM TERRITORIAL COURTS TO SUPREME COURT. Appeals and writs of error lie from the Supreme Court of the District of Columbia and from the Supreme Courts of any of the territories of the United States, to the Supreme Court of the United States where the matter in dispute exceeds the sum of $5,000, or where there is involved in the cause the validity of any patent or copyright, or where is drawn in question the validity of any treaty or statute of the United States.11 SECTION 15. APPEALS FROM THE COURT OF CLAIMS TO SUPREME COURT. An appeal to the Supreme Court is allowed on behalf of the United States, from all judgments of the Court of Claims adverse to the United States, and on behalf of the plaintiff in any case where the amount in Act of March 3, 1891; 26 U S. Stats., 827, Sec. 5; as amended 29 U. S. Stats., 492. See Mason vs. Pewagic Min. Co., 153 U. S., 361; Nashua and L. R. Corp. vs. Boston and Lan. R. Corp., 5 U. S. App., 97; 51 Fed. Rep., 929; Rust vs. United Waterworks Co., 36 I. S. App., 167; American Sugar Ref. Co. vs. Johnson, 13 U. Š. App., 681; 60 Fed. Rep., 603; Shepard vs. Adams, 168 U. S., 618; Maynard vs. Hecht, 151 U. S., 324; In Re Lehigh Min. and Mfg. Co., 156 U. S., 322; Vross vs. Burke 146 U. S., 82; Bucklin vs. United States, 159 U. S., 680; Cornell vs. Green, 163 U. S., 75; Cornelas vs. Ruiz, 161 U. S., 502. 10 Rev. Stats., Sec. 695. See The Societe, 9 Cranch, 209; The Amiable Nancy, 3 Wheaton, 546; The Alicia, 7 Wallace, 571. 123 U. S. Stats., 355. See Lownsdale vs. Parrish, 21 Howard, 290; Potts vs. Chumasero, 92 U. S., 358; Prewster vs. Wakefield, 22 Howard, 118; Gonzales vs. Cunningham, 164 U. S., 612. controversy exceeds $3,000, or where his claim is forfeited to the United States by the judgment of said court.12 SECTION 16. APPEALS FROM STATE COURTS TO THE SUPREME COURT. A final judgment or decree in any suit in the highest court of a State in which a decision in the suit can be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity, or of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity, or where any title, right, privilege, or immunity is claimed under the Constitution, or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or immunity, specially set apart or claimed by either party under such Constitution, treaty, statute, commission, or authority, may be re-examined and reversed or affirmed in the Supreme Court upon writ of error. The writ has the same effect as if the judgment or decree complained of had been rendered or passed in a court of the United States. The Supreme Court may reverse, modify, or affirm the judgment or decree of such State court, and may, at their discretion, award execution or remand the same to the court from which it was removed by the writ.13 "Rev. Stats., Sec. 707. See Ex parte Atocha, 17 Wallace, 439; Ex parte Russell, 13 Wallace, 664; United States vs. Jones, 119 U. S., 477; United States vs. Gleeson, 124 U. S., 255. "Rev. Stats., Sec. 708. See Bacon vs. State of Texas, 163 U. S., 207; Choteau vs. Marquents, 12 Peters, 507; Hickie vs. Starke, 1 Peters, 94; New Orleans vs. De Armos, 9 Peters, 224; Carson vs. Dunham, 121 U. S., 421; McKenna vs. Simpson, 129 Ú. S., 506. SECTION 17. ORIGINAL JURISDICTION OF SUPREME COURT. The original jurisdiction of the Supreme Court is fixed by the Constitution and has been considered under the subject of Constitutional Law." The Circuit Courts of Appeal have no original jurisdiction. 14 Volume II, Subj. 3, Sec. 58. CHAPTER V. PLEADING AND PRACTICE IN THE FEDERAL COURTS. SECTION 18. LAW AND EQUITY. The distinction between law and equity is made by the Constitution of the United States and is therefore carefully preserved in the Federal courts. A State statute prescribing a remedy at law for a cause of action essentially equitable in its nature cannot apply to the Federal courts.1 SECTION 19. COMMON LAW PRACTICE AND PLEADING. "The practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty cases in the circuit and district courts of the United States, conform as nearly as practicable to those existing in like causes in the courts of record of the State within which the circuit or district courts are held, except that the Federal courts are given power within prescribed limits to make rules for the regulation of the details of their own practice, provided, however, the substance and general methods of procedure in the State courts are observed."" Section 914 of the Revised Statutes provides that: "The practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the Hughes on Federal Procedure, Sec. 137. 1 Fern vs. Holme, 21 How, 481 |