Melville Fuller

“ The motion to dismiss the writ of error must be sustained. The decision of the supreme court of Wisconsin rested upon an independent ground, not involving a federal question, and broad enough to maintain the judgment. ”

“ If this view was correct, then the judgment below must be sustained, because upon that appeal the question was fairly raised whether the county could lawfully donate the land in question to the railroad company, and it was decided by this court that it could not. It is vigorously contended by appellant's counsel that the rule of law is that a decision can only become res adjudicata when it is contained in a final judgment in the cause, and that the decision upon the demurrer being confessedly not a final judgment, but granting leave to plead over, it cannot be considered as res adjudicata ”