Legal Opinion

Small v. Rakestraw

Montana Supreme Court

Decided June 16, 1903No. 1,592PublishedCited by 7 opinions

Appeal from, District Court, Flathead County; D. F. Smith, Judge. ActioN by Walter W. Small against Samuel 0. Rakestraw. Judgement for defendant. Plaintiff appeals. A court of equity will not permit a nonjudicial or a quasi-judicial officer, in any proceedings before him, by tbe misconstruction of any law, to take property from one person, under the law entitled to it, and give it to another. . (Johnson v. Tows-ley, 13 Wall. 72; Sanford v..

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Appeal from, District Court, Flathead County; D. F. Smith, Judge. ActioN by Walter W. Small against Samuel 0. Rakestraw. Judgement for defendant. Plaintiff appeals. A court of equity will not permit a nonjudicial or a quasi-judicial officer, in any proceedings before him, by tbe misconstruction of any law, to take property from one person, under the law entitled to it, and give it to another. . (Johnson v. Tows-ley, 13 Wall. 72; Sanford v.. Sanford, 139 U. S. 642; Hawley v. Diller, 178 TJ. S. 476, 20 Sup. Ot. Rep. 986; Baldwin v. Starks, 107 TJ. S, 463, 465, 27 L, Ed. 526, 2 Sup. Ct. Rep;…

1Opinion of the Court

MR. COMMISSIONER CALLAWAY

prepared the opinion for the court.

On demurrer to complaint. The substance of the complaint is that in a contest for a tract of land between the plaintiff here, Walter W. Small, and the defendant here, Samuel O. Rake-straw, before the land department, the secretary of the interior erroneously decided in favor of Rakestraw, and that, had it not been for the wrongful acts of the defendant, and the erroneous ruling of the secretary, patent for the land would have issued to plaintiff. The prayer of the complaint is that the defendant shall be decreed to. hold the title to…

2Cases cited16 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Johnson v. TowsleySupreme Court of the United States · 1871
  3. Steel v. Smelting Co.Supreme Court of the United States · 1882
  4. Shepley v. CowanSupreme Court of the United States · 1876
  5. Moore v. RobbinsSupreme Court of the United States · 1878

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3Cited by7 opinions

  1. Reagan v. BoydMontana Supreme Court · 1921
  2. Kennedy v. DickieMontana Supreme Court · 1906
  3. Phoenix Mutual Life Insurance v. BrainardMontana Supreme Court · 1928
  4. Graham v. Great Falls Water Power & Townsite Co.Montana Supreme Court · 1904
  5. Love v. FlahiveMontana Supreme Court · 1905

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

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