Lessee of Pierce Butler vs. Farnsworth
“This case, although it comes before the court in the form of a rule to show cause why the action should not be dismissed for want of jurisdiction, is connected with that question by an agreement of the counsel, that the finding of the jury, subject to the opinion of the court upon the question of jurisdiction, should be put into the form of a special verdict, and judgment to be entered thereon, as may be decided on this rule, so as to enable either party to sue out a writ of error to the Supreme Court.