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· 1/9/1893

Noble v. Union River Logging Railroad

Citations

  • 147 U.S. 165
  • 13 S. Ct. 271
  • 37 L. Ed. 123
  • 1893 U.S. LEXIS 2153

Syllabus

<p>A decision of the Secretary of the Interior, in exercise of the powers conferred upon him by the act of March 3, 1875, c. 152, 18 Stat. 482, that a designated railroad company is entitled to a right of way over public land, cannot be revoked by his successor in office.</p> <p>Whether a railroad company applying for such a grant is a company which the statute authorizes to receive a grant of a right of way is a quasi judicial question, which, when once determined by the Secretary, is Anally determined so-far as the executive is concerned.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a federal official may be enjoined where he has 90 acted “ultra vires, and beyond the scope of his authority”
  • court compared 1875 Right-of-Way Act map to a patent, but never held that a right-of-way equates to a patent
  • court compared 1875 Right-of-Way Act map to a patent, but never held that a right-of-way equates to a patent
  • finding of diversity, inter alia, cannot be attacked collaterally

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown

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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.