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…
Read the full summary
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 CourtJustice Miller
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 of mandamus, alternative or otherwise, was issued. There was, therefore, no technical return, and in strictness the rule applicable tc such a writ does not apply. If, however, it could be held that the answer to the rule to show cause stands…
2Cases cited11 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- McIntire v. WoodSupreme Court of the United States · 1813
- Kendall v. StokesSupreme Court of the United States · 1845
- United States v. StoneSupreme Court of the United States · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by222 opinions
- Ex Parte PetersonSupreme Court of the United States · 1920
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Keim v. United StatesSupreme Court of the United States · 1900
- Wilbur v. United States Ex Rel. KadrieSupreme Court of the United States · 1930
- Work v. United States Ex Rel. RivesSupreme Court of the United States · 1925
217 more not listed; retrieve them via the Exa API.