Legal Opinion

Arnold v. Booth

Wisconsin Supreme Court

Decided October 1, 1861PublishedCited by 13 opinions

EBBOB to the Circuit Court for Milwaukee County. The case is stated in the opinion of the court. 1. The act of Congress of February 12th, 1793, and the act of September 18th, 1850, are constitutional. 16 Peters, 341; 5 How. (U. S.), 215; 13 id., 429; 14 id., 13. 2. The judgment of the district court of the United States, set up in the answer, cannot be directly or indirectly reviewed, annulled or impaired by any action of the state courts.

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EBBOB to the Circuit Court for Milwaukee County. The case is stated in the opinion of the court. 1. The act of Congress of February 12th, 1793, and the act of September 18th, 1850, are constitutional. 16 Peters, 341; 5 How. (U. S.), 215; 13 id., 429; 14 id., 13. 2. The judgment of the district court of the United States, set up in the answer, cannot be directly or indirectly reviewed, annulled or impaired by any action of the state courts. Even though erroneous, it is binding until reversed by writ of error to that court. Glenn vs. Hodges, 9 Johns., 67; Weimer vs. Sloan, 6 McLean, 259;…

1Opinion of the Court

By the Court,

Cole, J.

This was an-action commenced in the circuit court of Milwaukee county by the defendant in error, for the purpose of recovering one Hoe’s large cylinder printing press, and one portable steam engine for working the said press, of the value of twenty-five hundred dollars, which, it was alleged, had been unjustly taken and were unjustly detained by the plaintiff in error. In his answer, the plaintiff in error denied that the defendant in error was lawfully entitled to the possession of the property mentioned in the complaint; and denied that he unjustly took or unjustly…

2Cases cited1 opinion

  1. M'Neil v. BrightMassachusetts Supreme Judicial Court · 1808

3Cited by13 opinions

  1. Commonwealth v. DavisTexas Supreme Court · 1942
  2. Wisconsin Public Service Corp. v. KristWisconsin Supreme Court · 1981
  3. Beck v. StateWisconsin Supreme Court · 1928
  4. Railway Co. v. StateSupreme Court of Arkansas · 1891
  5. Clevenger v. FigleySupreme Court of Kansas · 1904

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