Legal Opinion

McCormick v. Hayes

Supreme Court of the United States

Decided October 21, 1895No. 37PublishedCited by 30 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP IOWA. This writ of error brought up a judgment of the Supreme Court of Iowa, which affirmed a judgment of the District Court .of Linn County in that State, declaring the defendant in error, who was the plaintiff in the suit, to be the owner of the southwest quarter of the northwest quarter of section nineteen, township eighty-five, range eight, west of the fifth principal meridian.

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ERROR TO THE SUPREME COURT OP THE STATE OP IOWA. This writ of error brought up a judgment of the Supreme Court of Iowa, which affirmed a judgment of the District Court .of Linn County in that State, declaring the defendant in error, who was the plaintiff in the suit, to be the owner of the southwest quarter of the northwest quarter of section nineteen, township eighty-five, range eight, west of the fifth principal meridian. It was assigned as error that the judgment of the state court deprived the defendant of rights secured to him under the laws of the United States. The plaintiff Hayes…

1Opinion of the CourtJustice Harlan

Undoubtedly, the certification to the State by the Department of the Interior, of the lands in controversy, under the railroad act of May 15, 1856, as having inured to the Cedar Rapids and Missouri River Railroad Company, was unauthorized by law, if the lands at the date of the Swamp Land act of 1850 were swamp and overflowed lands, whereby they were unfit for cultivation; for, lands of that character were expressly reserved from the operation of the railroad grant of 1856. If they were not granted to the State for the benefit of the railroad company, because previously granted to the State…

2Cases cited11 opinions

  1. Wright v. RoseberrySupreme Court of the United States · 1887
  2. French v. FyanSupreme Court of the United States · 1876
  3. Gaines v. ThompsonSupreme Court of the United States · 1869
  4. Heath v. WallaceSupreme Court of the United States · 1891
  5. Secretary v. McGarrahanSupreme Court of the United States · 1870

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3Cited by30 opinions

  1. Burfenning v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1896
  2. Rogers Locomotive MacHine Works v. American Emigrant Co.Supreme Court of the United States · 1896
  3. Johnson v. DrewSupreme Court of the United States · 1898
  4. Standard Oil Co. of California v. United StatesCourt of Appeals for the Ninth Circuit · 1940
  5. State v. Lake St. Clair Fishing & Shooting ClubMichigan Supreme Court · 1901

25 more not listed; retrieve them via the Exa API.

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