Payne v. United States ex rel. Olson
Court of Appeals for the D.C. Circuit
Appeal from the Supreme Court of the District of Columbia. Mandamus by the United States, on relation of William F. Olson, against John Barton Payne, Secretary of the Interior. Judgment for relator, and respondent appeals.
1Opinion of the Court
SMYTH, Chief Justice.
The Secretary of the Interior appeals from a judgment of the Supreme Court of the District awarding the relator a mandamus commanding the Secretary to allow the entry of the relator of certain coal land and to give to him in due course a patent for the land. A rule to show cause was issued. To this the Secretary filed a return and answer. A demurrer by the relator was sustained, and judgment followed.
According to the record the following are admitted facts: The state of Utah, under its school land grant of July 16, 1894 (28 Stat. 107), apparently became the owner of a…
2Cases cited6 opinions
- Duncan Townsite Co. v. LaneSupreme Court of the United States · 1917
- United States v. SweetSupreme Court of the United States · 1918
- Williams v. United StatesSupreme Court of the United States · 1891
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
- Northern Pacific Railway Co. v. McComasSupreme Court of the United States · 1919
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3Cited by5 opinions
- Ballou v. KempCourt of Appeals for the D.C. Circuit · 1937
- Wilbur v. United States ex rel. BartonCourt of Appeals for the D.C. Circuit · 1930
- United States ex rel. McCullough v. LaneCourt of Appeals for the D.C. Circuit · 1920
- Shanks v. LaneCourt of Appeals for the D.C. Circuit · 1920
- United States ex rel. Durnford v. FallCourt of Appeals for the D.C. Circuit · 1922