Legal Opinion

Gaines v. Thompson

Supreme Court of the United States

Decided January 18, 1869PublishedCited by 120 opinions

Appeal from the Circuit Court for the District of Columbia. The Secretary of the Interior having directed the Commissioner of the Land Office to cancel an entry under which Gaines and others.claimed an equitable right to certain lands _in Arkansas, these last brought their suit in the Circuit Court of the District of Columbia, praying that the secretary and commissioner should be enjoined from making such cancellation.

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Appeal from the Circuit Court for the District of Columbia. The Secretary of the Interior having directed the Commissioner of the Land Office to cancel an entry under which Gaines and others.claimed an equitable right to certain lands _in Arkansas, these last brought their suit in the Circuit Court of the District of Columbia, praying that the secretary and commissioner should be enjoined from making such cancellation. The defendants entered their appearance, and Wilson, the commissioner* filed a plea. The substance of this plea was that the matters set up in the bill were within the…

1Opinion of the CourtJustice Miller

The extent of the jurisdiction which may lawfully be as serted by the Federal courts over the officers of the executive departments of the government, has been mooted in this court from the case of Marbury v. Madison * down to the present time; and while the principles which should govern the action of the courts in that regard have been settled long since, the frequent application of late to this court, and to other Federal courts, for the exercise of powers not belonging to them, shows that the question is one not generally understood.

In the case already referred to, of Marbury v. Madison,…

2Cases cited2 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838

3Cited by120 opinions

  1. Massachusetts v. MellonSupreme Court of the United States · 1923
  2. Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
  3. Work v. United States Ex Rel. RivesSupreme Court of the United States · 1925
  4. Bates & Guild Co. v. PayneSupreme Court of the United States · 1904
  5. French v. FyanSupreme Court of the United States · 1876

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