United States v. Merriam
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Territory of Hawaii. The United States applied to the District Court of the United States, in and for the district of Hawaii, for a writ of mandamus, commanding Charles H. Merriam, defendant in error, as registrar of conveyances of the territory of Hawaii, to receive for record and to record certain instruments.
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In Error to the District Court of the United States for the Territory of Hawaii. The United States applied to the District Court of the United States, in and for the district of Hawaii, for a writ of mandamus, commanding Charles H. Merriam, defendant in error, as registrar of conveyances of the territory of Hawaii, to receive for record and to record certain instruments. The petition alleges that on February 11, 1905, the United States instituted, in the District Court of the United States for Hawaii, a certain action against J. W. Kawai and his wife, and against the estate of Henry…
1Opinion of the CourtHunt, District Judge
(after stating the facts as above). The opinion of the lower court shows that the question there presented was whether the government had a vested right to conduct the condemnation proceedings in eminent domain, which were initiated before April 3. 1905, to final determination, and to register the judgment in the same manner as if the act of April 3, 1905, had never beeen passed. If was thus accepted, apparently, as a correct premise that the new law forbade the record of any map; and, after proceeding to discuss the question whether Act No. 23 merely related to procedure or destroyed a…
2Cases cited10 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
- Roberts v. United StatesSupreme Court of the United States · 1900
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Baker v. MortonSupreme Court of the United States · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In Re KewaloHawaii Supreme Court · 1931