Moran v. Horsky
Citations
- 178 U.S. 205
- 20 S. Ct. 856
- 44 L. Ed. 1038
- 1900 U.S. LEXIS 1668
Syllabus
<p>A neglected riglit, if neglected too long, must be treated as an abandoned right, -which no court will enforce.</p> <p>Whenever the invalidity of a land patent does not appear upon the face of the instrument, or by matters of which the courts will take judicial notice, and the land is apparently within the jurisdiction of the-land department as ordinary public land of the United States, then it would seem to be technically more accurate to say that the patent was voidable, not void.</p> <p>The defence of laches, put in in this case, is the assertion of an independent defence, proceeding upon the concession that there was, under the laws of the United States a prior right, and conceding that, says that the delay in respect to its assertion prevents its present recognition; and the court is of opinion that the decision of the Supreme Court of Montana in this case was based upon an independent non-Federal question, broad enough to sustain its judgment.</p>
Judges: Brewer
Read full opinion on CourtListenerCited by
26 cases in this archive cite this case; the 20 most cited are listed.
- Occidental Life Insurance v. Equal Employment Opportunity CommissionSupreme Court· 1977-06-20· cited 701×
- United States v. Oregon Lumber Co.Supreme Court· 1922-11-27· cited 160×
- Enterprise Irrigation District v. Farmers Mutual Canal Co.Supreme Court· 1917-03-06· cited 92×
- Ray MARSHALL, Secretary of Labor, Plaintiff-Appellant, v. INTERMOUNTAIN ELECTRIC COMPANY, INC., Defendant-AppelleeTenth Circuit· 1980-01-30· cited 36×
- Ford v. HuffFifth Circuit· 1924-01-17· cited 26×
- Osceola Land Co. v. HendersonSupreme Court of Arkansas· 1907-01-21· cited 17×
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976)· 1929-06-21· cited 12×
- Hale v. LewisSupreme Court· 1901-05-13· cited 11×
- Equitable Trust Co. of New York v. Connecticut Brass & Mfg. Corp.Second Circuit· 1926-03-01· cited 11×
- United States v. FletcherEighth Circuit· 1917-05-07· cited 11×
- Morrow v. Warner Valley Stock Co.Oregon Supreme Court· 1909-04-13· cited 10×
- Preston v. City of ChicagoSupreme Court· 1913-01-06· cited 8×
- Wooton v. MurrellCourt of Appeals of Kentucky· 1909-05-20· cited 7×
- Mathew v. Wabash RailroadMissouri Court of Appeals· 1904-07-03· cited 6×
- United States v. KolenoEighth Circuit· 1915-09-04· cited 6×
- Benson v. Pickens CountySupreme Court of Alabama· 1949-10-20· cited 4×
- Banker v. Ford Motor Co.W.D. Pennsylvania· 1933-03-07· cited 4×
- Alcorn v. Superior Oil Corp.Court of Appeals of Kentucky (pre-1976)· 1932-04-26· cited 3×
- Moffett v. RobbinsD. Kansas· 1935-09-04· cited 3×
- Dooley v. Procter & Gamble Manufacturing Co.Appellate Division of the Supreme Court of New York· 1913-10-03· cited 2×
Cites
6 cases in this archive are cited by this case.
- Galliher v. CadwellSupreme Court· 1892-05-16· cited 308×
- Deffeback v. HawkeSupreme Court· 1885-11-16· cited 165×
- Eustis v. BollesSupreme Court· 1893-11-20· cited 115×
- Davis's Administrator v. WeibboldSupreme Court· 1891-04-06· cited 112×
- United States v. Des Moines Navigation & Railway Co.Supreme Court· 1892-01-11· cited 94×
- Carothers v. MayerSupreme Court· 1896-11-30· cited 4×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.