State ex rel. Marsh v. State Board of Land Commissioners
Wyoming Supreme Court
Original proceeding in mandamus by which France Marsh, the relator, sought the order of the court requiring the State Board of Land Commissioners to enter into a lease with relator for certain school lands, and to cancel a lease issued to another person for said lands. The facts are stated in the opinion.
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Original proceeding in mandamus by which France Marsh, the relator, sought the order of the court requiring the State Board of Land Commissioners to enter into a lease with relator for certain school lands, and to cancel a lease issued to another person for said lands. The facts are stated in the opinion. State boards can be directed to act, but not how to act in a manner as to which they have the right to exercise their judgment, and where they are vested with power to determine a question of fact, the duty is judicial, and however erroneous their decision may be, they can not be compelled…
1Opinion of the Court
Pottee, Chief Justice.
This cause was heard upon a demurrer to the petition for a writ of mandamus. The relator, France Marsh, filed his petition praying that a writ of mandamus issue commanding the State Board of Land Commissioners to execute and deliver to the relator a lease for Section 16, in Township 19, North of Range 65, West of the Sixth Principal Meridian, situated in the county of Laramie, for the period of five years, and to cancel the lease executed by the respondent to one George S. Raynes for said land.
When the attention of the court was called to the petition by counsel for…
2Cases cited7 opinions
- Greenwood Cemetery Land Co. v. RouttSupreme Court of Colorado · 1892
- Hoole v. KinkeadNevada Supreme Court · 1881
- Routt v. Greenwood Cemetery Land Co.Supreme Court of Colorado · 1892
- Whiteman v. SeveranceSupreme Court of Minnesota · 1891
- Baker v. JamisonSupreme Court of Minnesota · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- State ex rel. Race v. CranneyWashington Supreme Court · 1902
- Vineyard Land & Stock Co. v. District Court of the Fourth Judicial District of the State of Nevada ex rel. County of ElkoNevada Supreme Court · 1918
- Fuller v. Board of University & School LandsNorth Dakota Supreme Court · 1911
- Henderson v. Midwest Refining Co.Court of Appeals for the Tenth Circuit · 1930
20 more not listed; retrieve them via the Exa API.