Preston v. Bracken

THIS was a writ of error to the Supreme Court of the late Territory of Wisconsin.

An action of ejectment was commenced at the April term, 1845, of the Iowa County Court, by the defendant in error, against the plaintiffs in error, to recover a lot of land situate in that county. The venue was afterwards changed to the county of Milwaukie. Issue having been joined, and a jury impanelled and sworn, a verdict was found for the plaintiff, upon which a judgment was entered.

On the 19th of July, 1847, the case was carried by writ of error to the Supreme Court of Wisconsin Territory, and on the 2d day of August, the judgment of the County Court was affirmed by a divided court.

Whereupon a writ of error to the Supreme Court of the Territory of Wisconsin was sued out of this court, and the citation served on the 24th of November, 1847.

Wisconsin was admitted into the Union as a state by the act of Congress approved 29th May, 1848.

The cause was submitted on printed arguments by Mr. May, for the plaintiffs in error, and Mr. Walker, for the defendant in error. As the case was determined upon the point of jurisdiction, and as the argument for the plaintiffs in error was upon the merits, and as the argument for the defendant in error on the question of jurisdiction, assumed substantially the same ground as was taken by the counsel for the defendant in error in the case of McNulty v. Batty, et al., ante, p. 72, the arguments are not here inserted.

Mr. Justice NELSON delivered the opinion of the court.