Northern Pacific Railroad v. Colburn
Supreme Court of the United States
ERROR TO THE SUPREME. OOURT OF THE STATE OF MONTANA. On April 23, 1892, defendant in error, as plaintiff, filed in the district court of the county of Gallatin, Montana, his complaint against the railroad company to recover a sum of money paid as the contract price of a tract of land conveyed by it to him.
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ERROR TO THE SUPREME. OOURT OF THE STATE OF MONTANA. On April 23, 1892, defendant in error, as plaintiff, filed in the district court of the county of Gallatin, Montana, his complaint against the railroad company to recover a sum of money paid as the contract price of a tract of land conveyed by it to him. The contract was alleged to have been made on January 16, 1886, by the company, with Nathan Frost, who, in the same year, transferred his interest to John R. Foster, who, in 1888, in like manner conveyed to the plaintiff. Payments by the terms of the contract were to be made and were made…
1Opinion of the CourtJustice Brewer
A motion is made to dismiss for lack of a Federal question. The contention is that the defendant disclosed in its answer a decision of the land department; that it is bound by its own pleadings; and that having pleaded this decision of the land department, that decision is final and conclusive until set aside in a direct proceeding instituted for that purpose. This motion must be overruled. The answer of the company alleged the Congressional land grant, and the facts and circumstances which under that grant created, as claimed, á title in it to the land. It is true it also set up certain…
2Cases cited8 opinions
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- St. Paul & Pacific Railroad v. Northern Pacific RailroadSupreme Court of the United States · 1891
- Burfenning v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1896
- Deseret Salt Co. v. TarpeySupreme Court of the United States · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- Ferris v. FrohmanSupreme Court of the United States · 1912
- Northern Pacific Railroad v. SmithSupreme Court of the United States · 1898
- Northern Pacific R. Co. v. SmithSupreme Court of the United States · 1898
- Nelson v. Northern Pacific Railway Co.Supreme Court of the United States · 1903
33 more not listed; retrieve them via the Exa API.