United States v. Schurz
Supreme Court of the United States
Error to the Supreme Court of the District of Columbia. This is a petition for a mandamus,, filed in the Supreme Court of the District of Columbia, Oct. 11, 1879 It alleges that the relator, Thomas McBride, was, in 1862, possessed of all the qualifications necessary to. entitle him to pre-empt one hundred and sixty acres of the public lands of the United States; that he, in that year, settled upon a tract of public land known as the S. ^ of the N. E. \ and lots 1 and 2 of…
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Error to the Supreme Court of the District of Columbia. This is a petition for a mandamus,, filed in the Supreme Court of the District of Columbia, Oct. 11, 1879 It alleges that the relator, Thomas McBride, was, in 1862, possessed of all the qualifications necessary to. entitle him to pre-empt one hundred and sixty acres of the public lands of the United States; that he, in that year, settled upon a tract of public land known as the S. ^ of the N. E. \ and lots 1 and 2 of section 6, T. 3, S. of R. 5 W., situate in the county of Tooele and Territory of Utah, containing a-little less than one…
1Opinion of the Court 1
102 U.S. 378 (____)
UNITED STATES
v.
SCHURZ.
Supreme Court of United States.
Mr. Walter H. Smith and Mr. James H. Mandeville for the relator.
The Attorney-General, contra.
MR. JUSTICE MILLER, after stating the case, delivered the opinion of the court.
Some question was made, on the argument in this court, as to the effect of the answer as evidence, and the practice in the Court of King's Bench, in England, has been referred to as making the return to the writ conclusive, or at least evidence, of all it states. We are relieved of any difficulty on this point by the stipulation of the parties.
No writ…
Also in this document: Dissent; Opinion of the Court · Miller.
2Cases cited15 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Johnson v. TowsleySupreme Court of the United States · 1871
- United States v. SchurzSupreme Court of the United States · 1880
- McIntire v. WoodSupreme Court of the United States · 1813
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