Ballinger v. United States Ex Rel. Frost
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA. The facta are atated in the opinion. Although mandamus will issue against an executive officer to do' a purely administrative act in which he has no discretion it will not issue as to any duty involving any discretion.
Read the full summary
ERROR TO THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA. The facta are atated in the opinion. Although mandamus will issue against an executive officer to do' a purely administrative act in which he has no discretion it will not issue as to any duty involving any discretion. United- States v. Black, 128 U. S. 40, 48; Riverside Oil Co. v. Hitchcock, 190 U. S. 31G, 335. In this case it was necessary for the Secretary to decide whether the land was allottable and if so to the allottee or the town dweller. The supervisory power of the Secretary of the Interior arises from the Revised Statutes…
1Opinion of the CourtJustice Brewer
The defendant in error; a citizen and resident of the Choctaw Nation in the Indian Territory, whose enrollment had been approved by the Secretary of the Interior, and who was entitled to an allotment under the acts of Congress, on December 20, 1906, filed her petition in the Supreme Court of the District of Columbia for a mandamus compelling the Secretary of the Interior to deliver, or cause to be delivered, to her a patent to a tract of land consisting of'forty acres, located in the Choctaw Nation in the Indian Territory, and which she had selected in accordance with law. The then Secretary…
2Cases cited9 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- United States v. SchurzSupreme Court of the United States · 1880
- Stark v. StarrsSupreme Court of the United States · 1868
- Roberts v. United StatesSupreme Court of the United States · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Work v. United States Ex Rel. RivesSupreme Court of the United States · 1925
- Duncan Townsite Co. v. LaneSupreme Court of the United States · 1917
- State of Washington v. Stewart L. Udall, Secretary of the InteriorCourt of Appeals for the Ninth Circuit · 1969
- National Treasury Employees Union v. Richard M. Nixon, Individually and as President of the United StatesCourt of Appeals for the D.C. Circuit · 1974
- Wilbur v. United States Ex Rel. KrushnicSupreme Court of the United States · 1930
56 more not listed; retrieve them via the Exa API.