Colburn v. Northern Pacific Railroad
Montana Supreme Court
Appeal front Ninth Judicial District, Gallatin County. Action to recover purchase price of land. Plaintiff’s demurrer to the answer was sustained by Armstrong, J. Statement of facts prepared by the justice delivering the opinion. This action is brought to recover five hundred and sixty-seven dollars and forty cents, with interest, paid by respondent to appellant upon a certain contract for the sale of lands.
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Appeal front Ninth Judicial District, Gallatin County. Action to recover purchase price of land. Plaintiff’s demurrer to the answer was sustained by Armstrong, J. Statement of facts prepared by the justice delivering the opinion. This action is brought to recover five hundred and sixty-seven dollars and forty cents, with interest, paid by respondent to appellant upon a certain contract for the sale of lands. The complainant alleges the corporate existence of the appellant under the act of Congress approved July 2,1864; the grant of lands made to appellant by that act of Congress; the entering…
1Opinion of the CourtPemberton, C. J.
The question for this court to determine is whether or not the answer in this case states facts sufficient to constitute a defense to the action. The answer admits the material allegations in the complaint, and seeks, in a measure, to state facts in avoidance. After pleading in extenso the proceedings in the land department, and the contest and decision therein, in relation to the land mentioned in the pleadings, the appellant seeks in this case to retry the facts *484upon which the case was tried in said laud department, and to attack the judgment of the secretary of the interior on the…
2Cases cited7 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Quinby v. ConlanSupreme Court of the United States · 1882
- French v. FyanSupreme Court of the United States · 1876
- Vance v. BurbankSupreme Court of the United States · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pittsmont Copper Co. v. VaninaMontana Supreme Court · 1924
- Kennedy v. DickieMontana Supreme Court · 1906
- Cockrill v. DavieMontana Supreme Court · 1894
- Nippel v. ForkerSupreme Court of Colorado · 1899
- Moore v. Northern Pacific RailroadMontana Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.