United States v. Northern Pac. R.
Montana Supreme Court
Appeal from, Second District, Deer Lodge County. The United States has commenced this action against the Northern Pacific Railroad Company to compel an accounting and recover a sum of money by it alleged as due.
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Appeal from, Second District, Deer Lodge County. The United States has commenced this action against the Northern Pacific Railroad Company to compel an accounting and recover a sum of money by it alleged as due. This is not a case where the United States by its laws can dictate just such policj7 and decision as its representatives for the time being may desire, but is a case that must stand upon those principles of law and equity that every litigant in court is authorized to evoke. The relations of the government and the Northern Pacific Railroad Company stand upon a contract made between…
1Opinion of the CourtWade, C. J.
This is an action instituted by the United States, the appellant, against the Northern Pacific Railroad Company, the respondent, for an accounting, and to recover the sum of $1,100,000 for certain timber, logs, and lumber, which the appellant alleges were cut, taken, converted and carried away by the respondent during the years 1883,1884, and 1885, from certain non-mineral nnsurveyed lands belonging to the appellant and respondent, as tenants in common, situate in the territory of Montana, between the' western line of said territory and McCarthy’s bridge, over the Hell Gate river in Deer…
2Cases cited4 opinions
- Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
- Frasher v. O'CONNORSupreme Court of the United States · 1885
- Northern Pacific R. R. v. MajorsMontana Supreme Court · 1884
- Northern Pacific Railroad v. LillyMontana Supreme Court · 1886
3Cited by4 opinions
- Rodda v. BestMontana Supreme Court · 1923
- Murray v. PolglaseMontana Supreme Court · 1899
- Hammond v. United StatesCourt of Appeals for the Ninth Circuit · 1917
- State Board of Equalization v. FallMontana Supreme Court · 1948