Cosmos Exploration Co. v. Gray Eagle Oil Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This is an appeal , from the decree of the Circuit Court of Appeals -for the Ninth Circuit, affirming the decree of the Circuit Court for the Southern District of California, sustaining the defendants’ demurrer to the bill of complainant, and dismissing the same.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This is an appeal , from the decree of the Circuit Court of Appeals -for the Ninth Circuit, affirming the decree of the Circuit Court for the Southern District of California, sustaining the defendants’ demurrer to the bill of complainant, and dismissing the same. The questions arise under the act of J une 4, 1897, making appropriations for the sundry civil expenses of, the Government, etc. 30'Stat. 11, 36. The particular portion of the statute under which this litigation comes is set forth in the margin.1 The material facts…
1Opinion of the CourtJustice Peckham
court.
An examination of the complainant’s bill shows that it does not ask for an injunction until the decision of the Land Department upon the matters pending therein. The complainant ignores those proceedings so far .as to claim now the final adjudication by the court, based upon its alleged equitable title to a three quarters'interest in the land selected, and it avers that the Lánd Department cannot lawfully refuse or deny the issuance of a patent to Clarke. It avers that the protest filed by defendants is insufficient to impair or'affect.the validity of the selection of land made by…
2Cases cited7 opinions
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- Hawley v. DillerSupreme Court of the United States · 1900
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3Cited by83 opinions
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- Wyoming v. United StatesSupreme Court of the United States · 1921
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