Johnson v. County of Lincoln
Montana Supreme Court
Appeal from District Court, Lincoln Countyj John E. Erickson, Judge. Action by Charles E. Johnson against the county of Lincoln and its treasurer. From a judgment for defendants, plaintiff appeals. Cause submitted on briefs of counsel.
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Appeal from District Court, Lincoln Countyj John E. Erickson, Judge. Action by Charles E. Johnson against the county of Lincoln and its treasurer. From a judgment for defendants, plaintiff appeals. Cause submitted on briefs of counsel. The case seems on all-fours with and to have been foreclosed by the circuit court for the northern district of Idaho in an opinion rendered by Judge Dietrich in the case of Gleanoater Timber Go. v. Shoshone County, 155 Fed. 612. Aside from this case: “Neither the legal nor the equitable title to the land in question passed from the government, so as to subject…
1Opinion of the CourtJustice Holloway
In this suit a general demurrer was sustained to the complaint, and plaintiff, electing not to plead further, suffered judgment to be entered against him, and appealed. Does the complaint state a cause of action?
It is alleged that under the Act of Congress of June 4, 1897 (30 Stats. at Large, 36), forest reserve scrip was issued to certain settlers who had claims within a national forest, and which claims were surrendered to the government; that plaintiff purchased the scrip, and thereafter made selections of lieu lands for filing by virtue of the scrip; that the selections and scrip were…
2Cases cited8 opinions
- Caha v. United StatesSupreme Court of the United States · 1894
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Supreme Court of the United States · 1903
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Sjoli v. DreschelSupreme Court of the United States · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Peasley v. TrosperMontana Supreme Court · 1936
- Fleming v. Consolidated Motor Sales Co.Montana Supreme Court · 1925
- State Ex Rel. Coffey v. District CourtMontana Supreme Court · 1925
- Boone v. StateOhio Supreme Court · 1923
- Chicago Auditorium Ass'n v. WillingCourt of Appeals for the Seventh Circuit · 1927
7 more not listed; retrieve them via the Exa API.