United States v. Bisel
Montana Supreme Court
Appeal from the District Court, Gallatin County. STATEMENT. This action was brought by the United States, as plaintiff, against the defendant, Benjamin F. Bisel, for the purpose of compelling him to remove certain fences with which he had enclosed a portion of the public domain, reserved for school purposes under section 1946 of the United States Revised Statutes, and to enjoin him from again enclosing said land.
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Appeal from the District Court, Gallatin County. STATEMENT. This action was brought by the United States, as plaintiff, against the defendant, Benjamin F. Bisel, for the purpose of compelling him to remove certain fences with which he had enclosed a portion of the public domain, reserved for school purposes under section 1946 of the United States Revised Statutes, and to enjoin him from again enclosing said land. It was instituted under the Act of Congress of February 25, 1885 (U. S. Rev. Stats, at Large, 321), forbidding unlawful enclosure of the public domain. The defendant filed a demurrer…
1Opinion of the CourtMcConnell, C. J.
In this case there was a demurrer to the complaint, which was overruled, and the defendant refusing to answer, or make other defense, there was judgment by default, according to the prayer of the complaint. From this judgment and the order overruling the demurrer this appeal was taken. The complaint is as follows, to wit: “ First. That the defendant, Benjamin F. Bisel, since 1883, has had enclosed, by a good, strong, and substantial fence, the southeast quarter of section 36, in township 2 south, range 5 east, in Gallatin County, Montana Territory; that said land is public land, and that the…
2Cases cited7 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Newhall v. SangerSupreme Court of the United States · 1876
- Easton v. SalisburySupreme Court of the United States · 1859
- Territory v. MurrayMontana Supreme Court · 1887
- The State of Minnesota v. BachelderSupreme Court of the United States · 1864
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3Cited by12 opinions
- Offutt Housing Company v. County of SarpyNebraska Supreme Court · 1955
- State v. TullyMontana Supreme Court · 1904
- Hatchett v. Government of GuamCourt of Appeals for the Ninth Circuit · 1954
- United States v. BlendaurCourt of Appeals for the Ninth Circuit · 1904
- Peterson v. BakerWashington Supreme Court · 1905
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