Horace Gray

“ The court of common pleas, in accordance with that decision, sustained the demurrer to the answer, and the defendant, not moving to amend, but electing to stand by his answer, gave judgment against him; and a writ of error to review that judgment was dismissed by this court, Chief Justice Waite saying: 'The court of common pleas is not the highest court of the state, but the judgment we are called upon to re-examine is the judgment of that court alone. The judgment of the supreme court is one of reversal only. ”

“ It is true that the supreme court of Wisconsin, upon a second appeal from an inferior court, has always declined to reconsider any question of law decided upon the first appeal. Downer v. Cross, 2 Wis. 371, 381; Noonan v. Orton, 27 Wis. 300; Du Pont v. Davis, 35 Wis. 631; Lathrop v. Knapp, 37 Wis. 307; Fire Dept. v. Tuttle, 50 Wis. 552, 7 N. W. 549. It does not, however, as appears by the two cases last cited, when that question is the only one presented by the second appeal, dismiss that appeal for want of jurisdiction; but it entertains jurisdiction, and affirms the judgment. ”

“ If all this were so, there would be strong ground for sustaining the present writ of error. Wheeling & B. Bridge Co. v. Wheeling Bridge Co., 138 U.S. 287, 290, 11 Sup. Ct. 301; Luxton v. North River Bridge Co., 147 U.S. 337, 342, 13 Sup. Ct. ”