stantial personal interest, sustain the jurisdiction of the appellate court.15

§ 457. The plaintiff in error must bring his case within the judiciary act.-A writ of error from the federal supreme court to revise a judgment of a state court can be maintained only when it is within the purview of section seven hundred and nine of the United States revised statutes. That section defines and limits the jurisdiction of the supreme court to revise such judgments, and, to maintain the jurisdiction, the record must present some one of the questions embraced in it, and that question must be decisive of the case. If a question, not federal, was also raised and decided in the state court. and the decision of that question be found sufficient to support the judgment, the supreme court will not review it.18

§ 458. Same-Specific classification of federal questions embraced within the statute.—There are fourteen classes of federal questions enumerated in the statute the existence of either one of which will give the federal supreme court jurisdiction to review the final judgment or decree of a state court, namely:

(1) Where is drawn in question the validity of a treaty of the United States, and the decision is against its validity.

(2) Where is drawn in question the validity of a statute of the United States, and the decision is against its validity.

(3) Where is drawn in question the validity of an authority exercised under the United States, and the decision is against its validity.

(4) Where is drawn in question the validity of a state statute on the ground of its being repugnant to the constitution of the United States, and the decision is in favor of its validity.

(5) Where is drawn in question the validity of a state statute on the ground of its being repugnant to a treaty of the Uninted States. and the decision is in favor of its validity.

(6) Where is drawn in question the validity of a state statute on the ground of its being repugnant to a law of the United States, and the decision is in favor of its validity.

(7) Where is drawn in question the validity of an authority

15 Smith v. Indiana, 191 U. S. 138-150 (48:125).

First National Bank, 172 U. S. 425-434 (43:502).

16 Capital National

Bank V.

exercised under a state on the ground of its being repugnant to the constitution of the United States, and the decision is in favor of its validity.

(8) Where is drawn in question the validity of an authority exercised under a state on the ground of its being repugnant to a treaty of the United States, and the decision is in favor of its validity.

(9) Where is drawn in question the validity of an authority exercised under a state on the ground of its being repugnant to a law of the United States, and the decision is in favor of its validity.

(10) Where a title, right, privilege, or immunity, is specially set up and claimed under the constitution of the United States, and the decision is against the title, right, privilege, or immunity, so set up and claimed.

(11) Where a title, right, privilege, or immunity is specially set up and claimed under a treaty of the United States, and the decision is against the title, right, privilege, or immunity, so set up and claimed.

(12) Where a title, right, privilege, or immunity, is specially set up and claimed under a statute of the United States, and the decision is against the title, right, privilege, or immunity, so set up and claimed.

(13) Where a title, right, privilege, or immunity, is specially set up and claimed under a commission held under the United States, and the decision is against the title, right, privilege, or immunity, so set up and claimed.

(14) Where a title, right, privilege, or immunity, is specially set up and claimed under an authority exercised under the United States, and the decision is against the title, right, privilege, or immunity so set up and claimed.1

(b) APPELLATE JURISDICTION OVER THE INFERIOR FEDERAL

COURTS.

§ 459. Appellate jurisdiction of the supreme court over circuit and district courts.-The supreme court of the United States is vested with power and jurisdiction to review, by writ

17 U. S. Rev. Stat. sec. 709, 4 Fed. Stat. Anno. 467, 468, U. S. Comp. Stat. 1901, p. 575.

of error or appeal, according as the case may be one at law, or in equity, or in admiralty, the final judgments and decrees of the federal circuit and district courts in the following classes of cases, namely:

(1) 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 its decision. (2) From the final sentences and decrees in prize causes. (3) In cases of conviction of a capital crime. (4) In any case that involves the construction or application of the constitution of the United States. (5) 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. (6) In any case in which the constitution or law of a state is claimed to be in contravention of the constitution of the United States.18 (7) Appeals from interlocutory decrees granting or continuing an injunction in any suit under the interstate commerce act.19

§ 460. Same-No pecuniary limit.-There is no pecuniary limit on the right of review of the judgments and decrees of the circuit and district courts of the United States; but, in all civil cases brought and tried in those courts, an appeal or writ of error is given to review the judgment or decree, either to the supreme court or to the circuit court of appeals, without regard to the amount in controversy, one of the objects of the judiciary act of March 3, 1891, being to remove the pecuniary limit upon the right of review by appeal or writ of error.20

§ 461. Same-Two years allowed in which to take appeals and writs of error.-The final judgments and decrees of the circuit and district courts, in the six classes of cases mentioned in the fifth section of the judiciary act of March 3, 1891, and of which the supreme court is given appellate jurisdiction, may be carried to the supreme court on writ of error or appeal within two years from the rendition thereof.21

18 26 U. S. Stat. at L. ch. 517, sec. 5, p. 826; 29 U. S. Stat. at L. ch. 68 p. 492.

19 34 U. S. Stat. at L. ch. 3591, sec. 15, p. 592.

20 The Paquete Habana, 175 U. S. 677-721 (44:320).

21 U. S. Rev. Stat. sec. 1008, 4 Fed. Stat. Anno. 622; Allen v. Southern Pac. R. Co., 173 U. S. 479-492 (43:775).

§ 462. Same-Writs of error on behalf of the United States in criminal cases where there has been no jeopardy or verdict in favor of defendant.-A recent federal statute provides:

"That a writ of error may be taken out by and on behalf of the United States from the district or circuit courts direct to the supreme court of the United States in all criminal cases, in the following instances, to-wit: From a decision or judg ment quashing, setting aside, or sustaining a demurrer to, any indictment, or any count thereof, where such decision or judg ment is based upon the invalidity, or construction of the statute upon which the indictment is founded. From a decision arresting a judgment of conviction for insufficiency of the indictment, where such decision is based upon the invalidity or construction of the statute upon which the indictment is founded. From the decision or judgment sustaining a special plea in bar, when the defendant has not been put in jeopardy. The writ of error in all such cases shall be taken within thirty days after the decision or judgment has been rendered and shall be diligently prosecuted and shall have precedence over all other cases. Pending the prosecution and determination of the writ of error in the foregoing instances, the defendant shall be admitted to bail on his own recognizance: Provided, That no writ of error shall be taken by or allowed the United States in any case when there has been a verdict in favor of the defendant." 22

§ 463. Appellate jurisdiction of the supreme court over the circuit courts of appeals.-With the exception of five classes of cases enumerated in the sixth section of the judiciary act of March 3, 1891, in which the judgments and decrees of the United States circuit courts of appeals are made final, there is in all cases decided by those courts a right of an appeal or writ of error or review by the supreme court, when the matter in controversy shall exceed one thousand dollars besides costs, if sued out within one year after the entry of the judgment or decree sought to be reviewed; and even the excepted classes of cases may be carried to the supreme court upon certiorari for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the supreme court. The classes of cases in

22 34 U. S. Stat. at L. ch. 2564, p. 1246, Supp. 1907 Fed. Stat. Anno. 193.

which the judgments and decrees of the circuit courts of appeals are made final are: (1) In all cases in which the jurisdiction is dependent entirely upon the opposite parties to the suit or controversy being aliens and citizens of the United States, or citizens of different states; (2) in all cases arising under the patent laws; (3) in all cases arising under the revenue laws; (4) in all cases arising under the criminal laws; (5) in all admiralty cases, except from final sentences and decrees in prize. causes. The circuit courts of appeals may at any time certify to the supreme court any questions or propositions of law concerning which it desires instruction of that court for its proper decision.23

§ 464. Appellate jurisdiction of the supreme court over the court of claims.-An appeal is allowed to the supreme court, on behalf of the United States, from all judgments of the court of claims adverse to the United States, regardless of the amount involved, and on behalf of the plaintiff in any case where the amount in controversy exceeds three thousand dollars, or where his claim is forfeited to the United States by the judgment of the court.24

§ 465. Same Time and manner of taking.-All appeals from the court of claims shall be taken within six months after the judgment is rendered, and shall be allowed under such regulations as the supreme court may direct.25

§ 466. Appellate jurisdiction of the United States circuit courts of appeals.-The United States circuit courts of appeals have jurisdiction to review, upon writ of error, or appeal, the final judgments and decrees of circuit and district courts (1) in all civil cases other than the six classes of cases designated in the fifth section of the judiciary act of March 3, 1891, appellate jurisdiction over which is vested in the supreme court; 26 (2) in all cases of a conviction of an infamous crime not capital," and

28 26 U..S. Stat. at L. ch. 517, sec. 6, p. 826.

24 U. S. Rev. Stat. sec. 707, 4 Fed. Stat. Anno. 467; 22 U. S. Stat. at L. ch. 116, sec. 9, p. 485; United States v. Davis, 131 U. S. 36 (33: 93); United States v. Gilliat, 164 U. S. 41 (41:344); De Groot v. United States, 5 Wall. 419 (18:700);

United States v. Adams, 6 Wall. 101 (18:792).

25 U. S. Rev. Stat. sec. 708, as amended by 24 U. S. Stat. at L. ch. 359, sec. 10, p. 505, 4 Fed. Stat. Anno. 467, 2 Fed. Stat. Anno. 86. 26 26 U. S. Stat. at L. ch. 517, secs. 5 and 6, p. 826.

27 29 U. S. Stat. at L. ch. 68 p. 492.