Payne v. United States ex rel. Mosier
Court of Appeals for the D.C. Circuit
Appeal from the Supreme Court of the District of Columbia. Mandamus by the United States, on the relation of W. T. Mosier and another, against John Barton Payne, Secretary of the Interior. From a judgment granting the writ, defendant appeals.
1DissentSmyth, Chief Justice
This appeal is not for the purpose of determining finally the rights of the parents and the children to the money in question. We may inquire only as to whether the Secretary’s decision has any support in the record. If it has, then his judgment, not ours, must prevail; in other words, unless he acted arbitrarily, we may not disturb his conclusion. Ashley v. Roper, 48 App. D. C. 69; Brougham v. Blanton Manufacturing Co., 249 U. S. 495, 39 Sup. Ct. 363, 63 L. Ed. 725; United States ex rel. Sykes v. Lane, 48 App. D. C. 48, 258 Fed. 520. In the recent case of United States ex rel. Hall v. Payne,…
2Cases cited7 opinions
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Venture Oil Co. v. FrettsSupreme Court of Pennsylvania · 1893
- Smith v. TownsendSupreme Court of the United States · 1893
- Brougham v. Blanton Manufacturing Co.Supreme Court of the United States · 1919
- Siemens's Administrator v. SellersSupreme Court of the United States · 1887
2 more not listed; retrieve them via the Exa API.