NORTHERN PACIFIC RAILROAD v. COLBURN

No. 70.

164 U.S. 383 (1896)

NORTHERN PACIFIC RAILROAD COMPANY v. COLBURN.

Supreme Court of United States.

Decided November 30, 1896.


Attorney(s) appearing for the Case

Mr. C.W. Bunn for plaintiff in error.

No appearance for defendant in error.


MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

A motion is made to dismiss for lack of a Federal question. The contention is that the defendant disclosed in its answer a decision of the land department; that it is bound by its own pleadings; and that having pleaded this decision of the land department, that decision is final and conclusive until set aside in a direct proceeding instituted for that purpose. This motion must be overruled...

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