Emblen v. Lincoln Land Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This -was an appeal from -a decree of the Circuit Court of Appeals for the Eighth Circuit,- affirming the decree of the Circuit Court of the.United States for the’District of Nebraska,dismissing a bill filed therein by George F. Emblen against the Lincoln Land Company, George F. Weed, and others.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This -was an appeal from -a decree of the Circuit Court of Appeals for the Eighth Circuit,- affirming the decree of the Circuit Court of the.United States for the’District of Nebraska,dismissing a bill filed therein by George F. Emblen against the Lincoln Land Company, George F. Weed, and others. The bill averred'that Weed,.September 19,1885, made a cash preemption entry of the southeast quarter of section twenty-two of township two, north of range.forty-eight west, at the land office of ,the United States in the cit}r of…
1Opinion of the CourtChief Justice Fullee
At October term, 1895, appellant filed his petition in this court for a writ of mandamus to the ‘ Secretary of the Interior to hear and decide the contest between himself and George F. Weed as to the quarter section of land in Colorado in. question. The petition alleged in substance the same matters set up in the bill in this case. The writ of mandamus was denied, and Mr. Justice Gray, speaking for the court, said: “Such being the state of the case, it is quite clear that (even if the act of Congress was unconstitutional, -which we do not intimate) the writ of mandamus prayed for should not…
2Cases cited5 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Buxton v. TraverSupreme Court of the United States · 1889
- Gonzales v. FrenchSupreme Court of the United States · 1896
- In Re EmblenSupreme Court of the United States · 1896
3Cited by13 opinions
- Putnam v. IckesCourt of Appeals for the D.C. Circuit · 1935
- Southwestern Petroleum Corp. v. UdallCourt of Appeals for the Tenth Circuit · 1966
- Smith v. CrandallSupreme Court of Louisiana · 1907
- Massachusetts Society for the Prevention of Cruelty to Animals v. Commissioner of Public HealthMassachusetts Supreme Judicial Court · 1959
- Vavoline Oil Co. v. Concordia Parish School BoardLouisiana Court of Appeal · 1968
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