Caldwell v. United States
United States Court of Claims
The Reporter's statement of the case: The averments of the amended petition to which defendants demur will be found sufficiently set forth in the opinion of the court. The jurisdictional question raised is disposed of by Thayer's case, 20 C. Cls., 137; and State Bank v. United States, 10 C. Cls., 519; 96 U. S., 30. The timber was rightfully cut for railroad purposes, under the act of 1875, and the resulting tie slash was a necessary incident.
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The Reporter's statement of the case: The averments of the amended petition to which defendants demur will be found sufficiently set forth in the opinion of the court. The jurisdictional question raised is disposed of by Thayer's case, 20 C. Cls., 137; and State Bank v. United States, 10 C. Cls., 519; 96 U. S., 30. The timber was rightfully cut for railroad purposes, under the act of 1875, and the resulting tie slash was a necessary incident. The Government is estopped by the action of the Commissioner of the General Land Office and his subordinate, acting under his authority and direction,…
1Opinion of the CourtBaeNet, Judge
The question for decision in this case arises from the demurrer of the defendants to the amended petition herein of the plaintiffs.
*35A demurrer was interposed to the original petition, which was sustained by this court with an opinion March 19, 1917. As the amended petition contains all of the averments of the original petition and more, the opinion on the first demurrer will be withdrawn and this opinion stand as the opinion upon both demurrers.
The facts set forth in the petition as amended are substantially as follows: The plaintiffs, in June, 1906, were the timber agents of the Denver,…
2Cases cited7 opinions
- Wisconsin Central Railroad v. United StatesSupreme Court of the United States · 1896
- United States v. State BankSupreme Court of the United States · 1878
- United States v. Denver & Rio Grande Railway Co.Supreme Court of the United States · 1893
- Steele v. United StatesSupreme Court of the United States · 1885
- State National Bank of Boston v. United StatesUnited States Court of Claims · 1874
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