United States Supreme Court Cases & Opinions

U.S. Supreme Court

Budzisz v. Illinois Steel Co., 170 U.S. 41 (1898)

Budzisz v. Illinois Steel Company

No. 560

Submitted February 21, 1898

Decided April 11, 1898

170 U.S. 41

Syllabus

No question is presented which brings this case within the supervisory power of this Court, as the alleged invalidities of the entries and of the patents do not arise out of any alleged misconstruction or breach of any treaty, but out of the alleged misconduct of the officers of the Land Office; to correct which errors, if they exist, the proper course of the defendants was to have gone to the circuit court of appeals.

THIS was an action of ejectment brought in the Circuit Court of the United States for the Eastern District of Wisconsin in February, 1896, by the Illinois Steel Company, a corporation of the State of Illinois, against John Budzisz and August Budzisz, citizens of the Wisconsin, to recover certain lots or parcels of land in the Fifth Ward of the City of Milwaukee. The case was so proceeded in that on November 20, 1897, a final judgment was entered in favor of the plaintiff for possession of the premises, and for costs. A writ of error was then sued out from this Court, which the defendant in error moved to dismiss.

Page 170 U. S. 42