United States ex rel. Smith v. District Court
Wisconsin Supreme Court
This was an application by John Y. Smith, superintendent of territorial property, as relator, for a peremptory writ of mandamus against the district court of Milwaukee county, to command it that it proceed with the trial, and to final judgment of said court, in an action in favor of the Territory of Wisconsin and against James D. Doty, John F. O’Neill and Augustus A. Bird, in a plea of trespass on the case. The facts are stated in the opinion of the court.
1DissentMiller, J.
The complainant sets forth, that on the 24th of July, 1839, a suit was commenced in the district court of Iowa county, in favor of and in the name of the Territory of Wisconsin vs. James D. Doty, John P. O’Neill and Augustus A. Bird, in a plea of trespass on the case, returnable to a term of said court to be holden on the first Monday of September, 1839, and that the process was duly served: That the cause was continued in the said court, from term to term, until September, 1841, when, on the application of said defendants, the said court ordered that the venue be changed to Walworth county : *574…
2Cases cited4 opinions
- Kent v. DodgeNew York Supreme Court · 1808
- Delavan v. BaldwinNew York Supreme Court · 1805
- Ex parte SandersNew York Supreme Court · 1825
- Haywood v. ThayerNew York Supreme Court · 1833