Gilbert v. Ballinger
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiff from a decree of tbe Supreme Court of the District of Columbia sustaining a demurrer to and dismissing a bill for an injunction. The Court in the opinion stated the facts as follows: This is an appeal from a decree sustaining a demurrer to and dismissing a bill for injunction. The bill filed by Levi If.
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Hearing on an appeal by tbe plaintiff from a decree of tbe Supreme Court of the District of Columbia sustaining a demurrer to and dismissing a bill for an injunction. The Court in the opinion stated the facts as follows: This is an appeal from a decree sustaining a demurrer to and dismissing a bill for injunction. The bill filed by Levi If. Gilbert against Richard A. Ballinger, Secretary of the Interior, alleges the following facts: That on May 9, 1901, complainant made a homestead entry in the Oregon land office, of a quarter section of land, in accordance with the provisions of sec. 2289,…
1Opinion of the CourtChief Justice Shepard
The demurrer was sustained upon what particular ground does not appear, and the bill was dismissed. If, as contended by the appellant, his title to the land became vested by full compliance with the act of Congress, that there was no jurisdiction ■ to entertain the contest, and nothing remained for the Secretary but the plain duty of ordering the patent to issue, there would seem to be no ground for urging that the suit is in reality against the United States. In the view that we have taken of the pleadings, it is unimportant to discuss this question.
Assuming that the United States are not a…
2Cases cited2 opinions
- Smith v. United StatesSupreme Court of the United States · 1898
- Potter v. United StatesSupreme Court of the United States · 1883