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PAYNE v. ROBERTSON

No. 20.

169 U.S. 323 (1898)

PAYNE v. ROBERTSON.

Supreme Court of United States.

Decided February 28, 1898.

Attorney(s) appearing for the Case

Mr. Henry N. Copp, Mr. S.D. Luckett, Mr. John W. Daniel and Mr. Amos Green for appellant.

Mr. Solicitor General, Mr. Horace Speed and Mr. Bayard T. Hayner for appellees.

MR. JUSTICE WHITE, after stating the case as above reported, delivered the opinion of the court.

In sustaining the demurrer the lower courts passed upon but one of the grounds stated therein, namely, that which asserted that the complaint did not set forth a cause of action. This contention went to the merits of the case and called for a decision of the question whether the Secretary of the Interior, upon the facts found...

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