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Mccormick Vs. Hayes
Cites for this judgment
- US Supreme Court
- Oct 21, 1895
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U.S. 332 (1895) U.S. Supreme Court McCormick v. HayesSearch
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U.S. 332 (1895) McCormick v. HayesSearch
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to be applied in aid of the construction of the railroad. This is made clear by the decision in Railroad Company v. FremontSearch
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At the term of the court at which Burlington and Railroad Company Page 159 U. S. 340 v. FremontSearch
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County was determined, the case of Railroad Company v. SmithSearch
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they could claim of right that the matter should be determined by jury. The next case is that of French v. FyanSearch
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impeach the patent issued to the state under the act of 1850. In considering that question, the Court in French v. FyanSearch
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upon all others. Speaking by Mr. Justice Miller, who delivered the opinion in the previous case of Railroad Co. v. SmithSearch
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the Court in French v. FyanSearch
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In the argument of French v. FyanSearch
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great reliance was placed by the counsel on Railroad Co. v. SmithSearch
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of land was swamp and overflowed land within the meaning of the act of Congress. Upon this point, the Court in French v. FyanSearch
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entire grant to the state might be defeated by this neglect or refusal of the secretary to perform his duty. Gaines v. ThompsonSearch
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Secretary v. McGarrahanSearch
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Litchfield v. RegisterSearch
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The same general question arose, under somewhat different circumstances, in Ehrhardt v. HogaboomSearch
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It is supposed by counsel that the principles were modified in Wright v. RoseberrySearch
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So far from modifying the rule announced in French v. FyanSearch
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of that case, and distinguished it from the one then under consideration. Page 159 U. S. 345 In Heath v. WallaceSearch
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was conclusive upon the courts. The latest case in this Court upon the general question before us is Chandler v. CalumetSearch
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and that this determination could not be collaterally attacked in an action at law. Referring to Railroad Company v. SmithSearch
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the part of the Secretary of the Interior in selecting lands granted, as appears in the subsequent cases of French v. FyanSearch
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Page 159 U. S. 346 U.S. 169, 173, and Ehrhardt v. HogaboomSearch
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After examining French v. FyanSearch
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and Ehrhardt v. HogaboomSearch
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above cited, and stating that nothing said or involved in Wright v. RoseberrySearch
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to the state, operated to pass the title thereto as completely as could have been done by formal patent, Frasher v. O'ConnorSearch
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the former decisions of this Court but little need be added. The case before us is not like that of Railroad Company v. SmithSearch
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in which, as subsequently Page 159 U. S. 347 explained in French v. FyanSearch
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the unexplained neglect of the Land Department to perform the duty imposed by the act of 1850. What was said in French v. FyanSearch
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that this Court not only so regarded the previous case, but it was in effect said that the ruling in Railroad Company v. SmithSearch
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grant lands. We are of opinion that this case comes within the ruling of previous cases, particularly Chandler v. MiningSearch
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Company and French v. FyanSearch
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U.S. Supreme Court McCormick v. HayesSearch
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Railroad Company v. FremontSearch
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of Railroad Company v. SmithSearch
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of French v. FyanSearch
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of Railroad Co. v. SmithSearch
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Railroad Co. v. SmithSearch
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Gaines v. ThompsonSearch
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Wright v. RoseberrySearch
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In Heath v. WallaceSearch
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Chandler v. CalumetSearch
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Railroad Company v. SmithSearch
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Chandler v. MiningSearch
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