Samuel Nelson, McNulty v. Batty — Opinion of the Court
“ The section was drawn, doubtless, under the supposition that, if the suit was pending here, at the time of the admission of a territory into the Union as a state, on appeal or writ of error, no legislation was necessary to preserve or give effect to the jurisdiction of the court over it; an opinion, as we have seen, founded in error. ”
Samuel Nelson, McNulty v. Batty — Opinion of the Court
“ All the defendants appeared by attorney, and put in two special pleas to the declaration, upon which issues were joined; and such proceedings were afterwards had thereon, that at the October term, 1841, judgment was rendered in the said suit for the defendants. ”
Samuel Nelson, McNulty v. Batty — Opinion of the Court
“ The cases on this point are referred to in the brief in that case, and afford full authority for the principle, if any were needed. (1 Hill (N. Y.) , 328; 9 Barn. & C., 750; 3 Burr., 1456; 4 Moo. & P., 341.) ”
