Smith v. Orton

THIS was an appeal from the District Court of the United States for the district of Wisconsin.

It was before this court at a prior term, and is reported in 18 Howard, 263. It is proper to remark that the bill, in this case, set forth that the controversy in the State court, which was referred to in 18 Howard, had become terminated.

The facts of the case are stated in the opinion of the court.

It was argued by Mr. Doolittle for the appellant, upon which side there was also a brief by Mr. Brown, and by Mr. Gillet for the appellee, upon which side there was also a brief by Mr. Mariner.

Mr. Justice CATRON delivered the opinion of the court.