Legal Opinion · Dissent

United States v. Sargent

Court of Appeals for the Eighth Circuit

Decided May 4, 1908No. 2,699Published

In Error to the District Court of the United States for the District of Minnesota.

1DissentPhilips, District Judge

Considerations of public interest impel me to dissent. Viewed merely in the light of the small pecuniary amount involved in the individual case, it might be said the •government could have well forborne this appeal. But the principle concerned is of vast practical importance. The constant recurring necessity of the general government to invoke the power of eminent domain demands that the departments of justice and treasury in instituting condemnation proceedings should definitely understand whether or not the government is to be subjected to the notions of the Legislature of the state, in…

2Cases cited15 opinions

  1. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  2. Boom Co. v. PattersonSupreme Court of the United States · 1879
  3. Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
  4. Shoemaker v. United StatesSupreme Court of the United States · 1893
  5. Kohl v. United StatesSupreme Court of the United States · 1876

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