United States Supreme Court Cases & Opinions

U.S. Supreme Court

McNulty v. Batty, 51 U.S. 10 How. 72 72 (1850)

McNulty v. Batty

51 U.S. (10 How.) 72

Syllabus

Where a case had been brought up to this Court from the Supreme Court of the Territory of Wisconsin, and was pending in this Court at the time when Wisconsin was admitted as a state, the jurisdiction of this Court over it ceased when such admission took place.

Provision was made in the act of Congress for the transfer, from the territorial courts to the district court of the United States, of all cases appropriate to the jurisdiction of the new district court, but none for cases appropriate to the jurisdiction of state tribunals.

By the admission of Wisconsin as a state, the territorial government ceased to exist, and all the authority under it, including the laws organizing its courts of justice and providing for a revision of their judgments in this Court.

The act of Congress passed in February, 1848, supplementary to that of February, 1847, applies only to cases which were pending in the territorial courts, and does not include such as were pending in this Court at the time of the admission of Wisconsin as a state.

Even if Congress had directed the transfer, to the district court of the United States, of cases appropriate to the jurisdiction of state courts, this Court could not have carried its judgment into effect by a mandate to the district court.

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

Page 51 U. S. 77