MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
By the act of Congress "concerning the practice in territorial courts and appeals therefrom," approved April 7, 1874 (18 Stat. pt. 3, p. 27), the appellate jurisdiction of this court over the judgments and decrees of the territorial courts in cases of trial by jury is to be exercised by a writ of error, and in all
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