Southern Pac. Ry. Co. v. United Stated
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. Suit in equity by the United States against the Southern Pacific Railway Company. Decree for complainant (157 Fed. 96), and defendant appeals.
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Appeal from the Circuit Court of the United States for the Northern District of California. Suit in equity by the United States against the Southern Pacific Railway Company. Decree for complainant (157 Fed. 96), and defendant appeals. The appellee in its bill alleged that by the act of Congress approved July 27, 1866 (Act July 27,1866. e. 278, 14 Stat. 292), the Atlantic & Pacific Railroad Company was incorporated and granted lands in California, and that the grant was declared forfeited by act of July 6, 1886 (chapter 637, 24 Stat. 123), for failure to construct the road in aid of which it…
1ConcurrenceRoss, Circuit Judge
I concur in the judgment, but am unable to agree that the suit was not properly brought on the equity side of the court. An action at law in assumpsit to recover the amount claimed by the government to be due it for the land erroneously patented to and sold by the railroad company to bona fide purchasers would not have afforded the complainant the relief to which it was entitled; for discovery was an essential prerequisite to the recovery of the money to which the government was entitled by virtue of the provisions of the acts of Congress referred to in the opinion, since the government could…
2Cases cited7 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- United States v. Union Pacific Railway Co.Supreme Court of the United States · 1895
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1906
- Williamson v. MonroeU.S. Circuit Court for the District of Western Arkansas · 1900
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