MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
Section 2 of the act of April 7, 1874, c. 27 (18 Stat., pt. 3, p. 27), "concerning the practice in territorial courts and appeals therefrom," is as follows: —
"That the appellate jurisdiction of the Supreme Court of the United States over the judgments and decrees of said territorial courts in cases of trial by jury shall be exercised by writ of error, and in all other cases by appeal according...
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