Western Pacific Railroad v. United States
Supreme Court of the United States
APPEAL FKOM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. The bill was filed in the court below in February, 1877. Hearing was had on the evidence, and in June, 1878, a decree was rendered setting aside the letter patent as “ issued by mistake and without authority of law.”
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APPEAL FKOM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. The bill was filed in the court below in February, 1877. Hearing was had on the evidence, and in June, 1878, a decree was rendered setting aside the letter patent as “ issued by mistake and without authority of law.” The bill did not disclose any authority from the attorney-general to bring the suit, nor was such authority shown in the court below, nor was any objéction taken for the want of the averment or the proof of such authority. The controversy below, upon the facts, was in regard to the'character of the…
1Opinion of the CourtJustice Miller
delivered the. opinion of the court.
John M. Coghlan, district attorney of the United States for the District' of California, on behalf of the United States, brought the bill in this case in the circuit court of that district, against the Western Pacific Railroad Company and Charles McLaughlin to set aside a patent of the United States conveying to the railroad company the northeast quarter of section 29, township one (1) north, range one (1) east, of Mount’ Diabolo meridian.
This patent was made under the acts of Congress, granting lands to the tJnion Pacific, Central Pacific, and'Western…
2Cases cited1 opinion
- United States v. ThrockmortonSupreme Court of the United States · 1878
3Cited by19 opinions
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1897
- Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
- Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
- Walter v. Northeastern RailroadSupreme Court of the United States · 1893
- State v. EhrlickWest Virginia Supreme Court · 1909
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