MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.
As this appeal was taken long after the act of March 3, 1891, establishing the Court of Appeals, went into effect, it should have been taken to the Court of Appeals of the Fifth Circuit, unless the case be one within the fifth section of the act, wherein the jurisdiction of the court is in issue. In such cases, however, "the question of jurisdiction alone shall be certified to the Supreme...
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