Stoddard v. United States
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of North Dakota; Charles F. Amidon, Judge. Bill by the United States against John B. Stoddard. Judgment for the United States, and defendant appeals. This was a bill in equity, brought by the United States under the provisions of the act of Congress approved February 25, 1885 (23 Stat. 321, c. 149 [U. S. Comp.
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Appeal from the District Court of the United States for the District of North Dakota; Charles F. Amidon, Judge. Bill by the United States against John B. Stoddard. Judgment for the United States, and defendant appeals. This was a bill in equity, brought by the United States under the provisions of the act of Congress approved February 25, 1885 (23 Stat. 321, c. 149 [U. S. Comp. St. 1901, p. 1524]), to enjoin the defendant, the appellant here, from obstructing the free transit over and through certain public lands of the United States. The particular charge against the defendant was that he…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). The facts as disclosed by the record are ‘substantially these:
The defendant was the owner by mesne conveyance from the Northern Pacific Railroad Company, the original grantee from the government, of all the odd-numbered sections in township 138, and was the lessee and had the right of possession of two other sections of land in that township. The even-numbered sections, embracing about 7,000 acres of land, were still unoccupied public lands.
In the year 1912, before .the defendant built the fence complained of, the condition of things was this:'A fence or…
2Cases cited2 opinions
- Camfield v. United StatesSupreme Court of the United States · 1897
- Golconda Cattle Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1912
3Cited by4 opinions
- United States ex rel. Bergen v. LawrenceCourt of Appeals for the Tenth Circuit · 1988
- Mackay v. Uinta Development Co.Court of Appeals for the Eighth Circuit · 1914
- United States Ex Rel. Bergen v. LawrenceDistrict Court, D. Wyoming · 1985
- United States v. LawrenceCourt of Appeals for the Tenth Circuit · 1988