The U.S. Supreme Court case Michigan v. Wisconsin in 1926 was a dispute over the boundary line between the two states, specifically regarding the Menominee River and Lake Superior areas. The controversy arose due to differing interpretations of an 1836 treaty with local Native American tribes and subsequent legislation by Congress which had established state boundaries based on geographical features that were not clearly defined or understood at that time. The court appointed a special master to gather facts about historical treaties, maps, surveys, and other relevant documents for review. After considering this evidence along with principles of international law related to border disputes, the court ruled in favor of Michigan's claim for most part but also recognized some parts as belonging to Wisconsin based on long-standing administrative control and acquiescence by both states over many years.

In the dissenting opinion for Michigan v. Wisconsin, Justice Holmes disagreed with the majority's decision to use a line drawn in 1836 as the boundary between Michigan and Wisconsin. He argued that this line was not intended to be a permanent boundary but rather an administrative convenience at that time. Furthermore, he pointed out inconsistencies in how this line had been interpreted over time by different authorities, suggesting it wasn't reliable enough to serve as a definitive border now. Holmes also criticized the majority's reliance on historical documents and maps which he believed were ambiguous or misleading about where exactly this 1836 line was supposed to run. Instead of using such uncertain evidence, Holmes suggested that modern survey methods should be used to establish a clear and precise boundary based on geographical features recognized by both states.