Gavigan v. Crary
District Court, D. Alaska
The Copper River Exploring Expedition was organized March 17, 1899, at Washington, D. C., pursuant to general order No. 51 issued from the War Department. Capt.
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The Copper River Exploring Expedition was organized March 17, 1899, at Washington, D. C., pursuant to general order No. 51 issued from the War Department. Capt. W. R. Abercrombie was placed in command, and the third subdivision of the general orders provided that: “(3) The commanding officer will select suitable locations at Valdez, Copper Center, the crossing of the Upper Copper, the crossing of the Tanana, the head of Forty Mile creek, and at such other points as in his judgment he may deem proper for military reservations, and will survey, lay out by metes and bounds, and declare such…
1Opinion of the Court
WICKERSHAM, District Judge.
A preliminary objection to the jurisdiction of the court must be examined before the' merits of the case can be considered. In addition, the court *375must say what issues of law and fact are presented for its judgment by the pleadings and evidence in the case.
The defendant bases his right to the property in controversy on a soldier’s additional homestead entry, made under an assigned certificate issued to one Thomas Gardenhier. The Supreme Court of the United States, in the case of Webster v. Luther, 163 U. S. 331, 16 Sup. Ct. 963, 41 L. Ed. 179, carefully examined the…
2Cases cited4 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Webster v. LutherSupreme Court of the United States · 1896
- Morrow v. WhitneySupreme Court of the United States · 1877
- Nome-Sinook Co. v. SimpsonDistrict Court, D. Alaska · 1902
3Cited by3 opinions
- Willis v. City of ValdezAlaska Supreme Court · 1976
- Birchfield v. Castleman, Pennsylvania Court of Common Pleas, Alleghany County1794
- United States v. SchaubDistrict Court, D. Alaska · 1952