delivered the opinion of the court.
This was a bill brought against the receiver of an insolvent national bank and its late directors, in the Circuit Court of. the United States for the Eastern District of Yirg'inia, to which a demurrer was sustained and the bill dismissed, November 18, 1890. On August 20, 1891, an appeal was allowed to this court, bond for costs given and approved, and citation issued and served. . The case comes before us on a motion to dismiss.'
Section 4 of the Judiciary Act of March 3, 1891, (26 Stat. c. 517, pp. 826, 827,) provides: “ That no appeal, whether by. writ of error or otherwise, shall hereafter be taken or allowed from- any District Court to the existing Circuit Courts, 'and no appellate jurisdiction shall hereafter be exercised or.allowed by said existing Circuit Courts, but< all appeals by writ of error [or] otherwise, from "said District Courts shall only be subject to review in the Supreme Court of the United States ■ or in the Circuit Court of Appeals hereby established, as is hereinafter provided, and the* review, by appeal, by writ of error, or otherwise, from the existing Circuit Courts shall be had only in the Supreme Court of the United States or in tl\e Circuit Courts of Appeals hereby established according to the provisions of this act regulating the same.” By section 14 of that act, section six hundred and ninety-one of the Bevised' Statutes, and section three of the act of February 16, 1875, c. 77, (18 Stat. 316,) and “ all acts and parts of ■ acts relating to appeals or writs of error inconsistent with the provisions for review by appeals or writs of error in the preceding sections five and six- of this act,” were repealed..
By section 5 it is provided that appeals or writs of error *572 may be taken, from the District Courts or from the existing ■Circuit Courts direct to the Supreme Court in any case in which the jurisdiction of the court is in issue; from the final ■sentences and decrees in prize causes; in cases of conviction of a capital or otherwise infamous crime ; in any case involving the construction or application of the Constitution of the United States; 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-; and 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. But nothing in the act was to affect the jurisdiction of this court in cases appealed from the highest court ■of a State, nor the construction of the statute providing for review of such cases.
In view of the general rule that if a law conferring jurisdiction is repealed, without any reservation as to pending cases, all such cases fall with the law,
Railroad Company
v.
Grant,
The case in hand did not come within either of the six classes of cases specified in section five; and as the appeal was not taken until after July 1, 1891, it must be dismissed.
Wanton
v.
DeWolf,
Appeal dismissed.
