Cunningham v. City of Milwaukee

By the Court,

Dixon, C. J.

Tbis is an action of ejectment, commenced by tbe respondent, Cunningham, in tbe circuit court of Milwaukee county, to recover possession of a certain piece of land, situated within tbe city of Milwaukee, and occupied by it as a public highway. In addition to tbe general denial, tbe answer sets forth two special matters of defense, one of which is, that tbe respondent heretofore instituted an action of ejectment against tbe appellant, for tbe same premises, in tbe district court of tbe United States for tbe district of Wisconsin, in which a trial upon tbe merits *121was…