United States ex rel. McCullough v. Lane
Court of Appeals for the D.C. Circuit
Appeal from- the Supreme Court of the District of Columbia. Petition for mandamus by the United States, on the relation of Stephen E. McCullough and another, against Eranklin K. Lane, as Secretary of the Interior. Judgment for respondent, and petitioners appeal.
1Opinion of the Court
SMYTH, Chief Justice.
[1] The appellants filed their petition in the lower court and asked for a mandamus directing the Secretary of the Interior to reinstate on the records of the local land office at Guthrie, Old., McCullough’s entry for certain land which he had purchased under the act of June 30, 1913 (38 Stat. 92), and to issue to him a patent for the land. In due time the Secretary answered. A demurrer to the answer was overruled, and, the appellants electing to stand on their demurrer, judgment was entered for the Secretary. We must therefore take as true all matters well pleaded in the…
2Cases cited7 opinions
- Decatur v. PauldingSupreme Court of the United States · 1840
- Marquez v. FrisbieSupreme Court of the United States · 1879
- Boyd v. Nebraska Ex Rel. ThayerSupreme Court of the United States · 1892
- United States Ex Rel. Riverside Oil Co. v. HitchcockSupreme Court of the United States · 1903
- United States Ex Rel. Ness v. FisherSupreme Court of the United States · 1912
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3Cited by3 opinions
- Hallam v. Commerce Mining & Royalty Co.Court of Appeals for the Tenth Circuit · 1931
- United States v. LouisianaDistrict Court, W.D. Louisiana · 1964
- Shanks v. LaneCourt of Appeals for the D.C. Circuit · 1920