Lane v. Hoglund
Citations
- 244 U.S. 174
- 37 S. Ct. 558
- 61 L. Ed. 1066
- 1917 U.S. LEXIS 1622
Syllabus
<p>Section 7 of the Act of March 3,1891, e. 561, 26 Stat. 1095, 1099, lays upon the Secretary of the Interior a plain duty to cause a patent to be issued upon a homestead entry when no contest or protest proceeding has been initiated and no order has been made, in his Department, for the purpose of challenging the validity of the entry, within two years from the issuance of the final receiver’s receipt.</p> <p>An adverse report by a deputy supervisor of a National Forest, challenging a homestead entry within the forest for insufficiency of residence and cultivation, but merely filed in the General Land Office and not acted on until after the two year limitation period had expired, Held not a “pending contest or protest” within the meaning of § 7 of the Act of March 3, 1891, supra.</p> <p>Notwithstanding its reluctance to award or sustain a writ of mandamus against an executive officer, the court is constrained to do so where the duty sought to be enforced is plain and nondiscretionaiy and the situation exigent.</p>
Judges: Van Devanter
Read full opinion on CourtListenerCited by
57 cases in this archive cite this case; the 20 most cited are listed.
- Wilbur v. United States Ex Rel. KadrieSupreme Court· 1930-04-14· cited 260×
- Work v. United States Ex Rel. RivesSupreme Court· 1925-03-02· cited 198×
- Deering Milliken, Inc., a Corporation v. Reed Johnston, as Regional Director of the National Labor Relations BoardFourth Circuit· 1961-10-13· cited 137×
- State of Washington v. Stewart L. Udall, Secretary of the InteriorNinth Circuit· 1969-12-24· cited 127×
- National Treasury Employees Union v. Richard M. Nixon, Individually and as President of the United StatesD.C. Circuit· 1974-01-25· cited 119×
- Miguel v. McCarlSupreme Court· 1934-03-05· cited 109×
- Wilbur v. United States Ex Rel. KrushnicSupreme Court· 1930-01-06· cited 95×
- West Coast Exploration Co. v. McKay Secretary of InteriorD.C. Circuit· 1954-06-01· cited 41×
- Transcontinental & Western Air, Inc. v. FarleySecond Circuit· 1934-06-11· cited 41×
- Work v. United States Ex Rel. McAlester-Edwards Co.Supreme Court· 1923-05-21· cited 38×
- Stockley v. United StatesSupreme Court· 1923-01-02· cited 32×
- Clackamas County, Ore. v. McKayD.C. Circuit· 1954-04-30· cited 30×
- Warr v. Collector of TaxesMassachusetts Supreme Judicial Court· 1920-01-05· cited 27×
- United States Ex Rel. Alaska Smokeless Coal Co. v. LaneSupreme Court· 1919-11-10· cited 25×
- Fred A. Seaton, Individually and as Secretary of the Interior v. The Texas Company, John Snyder v. The Texas CompanyD.C. Circuit· 1958-05-08· cited 22×
- Patrick A. McKenna v. Fred A. Seaton, Secretary of the Interior, and John C. De Armas, Jr.D.C. Circuit· 1958-10-13· cited 22×
- United States Ex Rel. Roughton v. IckesD.C. Circuit· 1938-12-05· cited 16×
- Marathon Oil Co. v. LujanD. Colorado· 1990-06-20· cited 14×
- United States v. PetersonTenth Circuit· 1929-08-01· cited 13×
- Stewart Udall, Secretary of the Interior v. States of Wisconsin, Colorado and Minnesota, Stewart Udall, Secretary of the Interior v. State of MichiganD.C. Circuit· 1962-06-28· cited 12×
Cites
4 cases in this archive are cited by this case.
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