Legal Opinion

Payne v. Central Pacific Railway Co.

Supreme Court of the United States

Decided February 28, 1921No. 17PublishedCited by 81 opinions

APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF. COLUMBIA. The case is stated in the opinion. Until approval by the Secretary of the Interior no rights as against the United States are acquired under an indemnity selection list. Sioux City & St. Paul R. R. Co. v. Chicago, Milwaukee & St. Paul Ry. Co., 117 U. S. 406, 408; Wisconsin Central R. R. Co. v. Price County, 133 U. S. 496, 511, 512, 513; United States v. Missouri, Kansas & Texas Ry.

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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF. COLUMBIA. The case is stated in the opinion. Until approval by the Secretary of the Interior no rights as against the United States are acquired under an indemnity selection list. Sioux City & St. Paul R. R. Co. v. Chicago, Milwaukee & St. Paul Ry. Co., 117 U. S. 406, 408; Wisconsin Central R. R. Co. v. Price County, 133 U. S. 496, 511, 512, 513; United States v. Missouri, Kansas & Texas Ry. Co., 141 U. S. 358, 374, 375; New Orleans Pacific Ry. Co. v. Parker, 143 U. S. 42, 57, 58; Osborn v. Froyseth, 216 U. S. 571, 577; Northern Pacific Ry.…

1Opinion of the CourtJustice Van Devanter

This is a suit to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from canceling a selection of indemnity lands under a railroad land grant. The trial court dismissed the bill and the Court of Appeals reversed that decree and directed that an injunction issue. 46 App. D. C. 374. An appeal under § 250, par. 6, of the Judicial Code brings the case here.

The allegations of the bill were admitted by a motion to dismiss, upon which the defendants announced their purpose to stand ¡land the case as thus made is as’follows:.

By the Act'-of July 25,1866, c. 242,14…

2Cases cited22 opinions

  1. Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
  2. Wilcox v. JacksonSupreme Court of the United States · 1839
  3. United States v. Jin Fuey MoySupreme Court of the United States · 1916
  4. Minnesota v. HitchcockSupreme Court of the United States · 1902
  5. Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914

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3Cited by81 opinions

  1. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  2. Arizona v. CaliforniaSupreme Court of the United States · 1931
  3. Ickes v. FoxSupreme Court of the United States · 1937
  4. State of Washington v. Stewart L. Udall, Secretary of the InteriorCourt of Appeals for the Ninth Circuit · 1969
  5. Miguel v. McCarlSupreme Court of the United States · 1934

76 more not listed; retrieve them via the Exa API.

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