Legal Opinion

Montant Ex Rel. Haire v. Rice

Supreme Court of the United States

Decided January 28, 1907No. 252PublishedCited by 43 opinions

ERROR TO THE SUPREME COURT OP THE'STATE OF MONTANA. By an act approved February 22, 1889, 25 Stat. 676, hereafter referred; to as the Enabling Act, the State of Montana was, with other States, admitted to the Union. By it grants of public lands were made by the United States to the several States admitted, of which only those made by section 17 need be stated here.

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ERROR TO THE SUPREME COURT OP THE'STATE OF MONTANA. By an act approved February 22, 1889, 25 Stat. 676, hereafter referred; to as the Enabling Act, the State of Montana was, with other States, admitted to the Union. By it grants of public lands were made by the United States to the several States admitted, of which only those made by section 17 need be stated here. By that section grants Were made to the State of Montana in the following terms: ' “To the State of Montana: For the establishment and maintenance of a school of mines, one hundred thousand acres; for State Normal School, one…

1Opinion of the CourtJustice Moody

The objection is made that no Federal question is presented .by the record. It must, therefore, be determined whether the controversy turned in the state court upon any Federal question, and if so, whether it was raised and-decided in that court in the manner required to give this court jurisdiction to reexamine the decision upon it. The jurisdiction to do this depends upon whether the case'falls within that part of section 709 of the Revised Statutes, by which this court' is given the authority'upon writ of error to reexamine the final judgment or decree of the highest court of a State,…

2Cases cited4 opinions

  1. Dewey v. Des MoinesSupreme Court of the United States · 1899
  2. San José Land & Water Co. v. San José Ranch Co.Supreme Court of the United States · 1903
  3. Magwire v. TylerSupreme Court of the United States · 1862
  4. Corkran Oil & Development Co. v. ArnaudetSupreme Court of the United States · 1905

3Cited by43 opinions

  1. Whitney v. CaliforniaSupreme Court of the United States · 1927
  2. North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
  3. Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
  4. Port Authority Bondholders Protective Committee, Henry W. Klein, Alvin S. Lane, Adele W. Ginsberg and Morris L. Lewy v. Port of New York AuthorityCourt of Appeals for the Second Circuit · 1967
  5. Miedreich v. LauensteinSupreme Court of the United States · 1914

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