MR. JUSTICE GRAY, after stating the case as above, delivered the opinion of the court.
Upon the record before us, the final order dismissing the writ of habeas corpus, and remanding the prisoner to the custody of the marshal, appears to have been a decision of the Circuit Court at a stated term, and therefore clearly subject to an appeal to this court, under the act of March 3, 1885, c. 353. 23 Stat. 437; Carper v. Fitzgerald,
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