McIntire v. Wood
Supreme Court of the United States
THIS case came up from the Circuit Court for the ^strict of Ohio, upon a certificate stating that the judges of that Court were divided in opinion upon the question, Whether that Court had power to issue a writ bf mandamus to the register of % land-office in Ohio, commanding him to issue a final c ertificate of purchase to the-Plaintiff for.certain lands intha state? referred the Court to case of Marbury v. Madison, (ante vol. 1, p. 137.) The constitution of the United…
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THIS case came up from the Circuit Court for the ^strict of Ohio, upon a certificate stating that the judges of that Court were divided in opinion upon the question, Whether that Court had power to issue a writ bf mandamus to the register of % land-office in Ohio, commanding him to issue a final c ertificate of purchase to the-Plaintiff for.certain lands intha state? referred the Court to case of Marbury v. Madison, (ante vol. 1, p. 137.) The constitution of the United States extends the judicial power to all cases in law and equity arising under the constitution and laws of the United…
1Opinion of the CourtJohnson, J.
I am instructed to deliver the opinion of the Court in this case. It comes up on a division of opinion in the Circuit Court of Ohio, upon a motion for a mandamus to the register of the land office, at Marietta, commanding him to- grant final certificates of purchase to the Plaintiff for lands, to which he supposed himself entitled under the laws of the United States.
This Court is of opinion that the Circuit Court did not possess the power to issue the mandamus moved for.
Independent of the particular objections which this case presents fromits involving a question of freehold- we are of…
2Cited by137 opinions
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- Lockerty v. PhillipsSupreme Court of the United States · 1943
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