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Lane v. Hoglund, 244 U.S. 174 (1917)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Lane v. Hoglund, 244 U.S. 174 (1917)
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Lane v. Hoglund No. 365 Argued April 11, 1917 Decided May 21, 1917 244 U.S. 174
ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
Section 7 of the Act of March 3, 1891, c. 56, 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.
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.
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 nondiscretionary and the situation exigent.
44 App.D.C. 310 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Lane v. Hoglund, 244 U.S. 174 (1917) in 244 U.S. 174 244 U.S. 175. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=QFXT8QTMNRVFQGN.
MLA: U.S. Supreme Court. "Syllabus." Lane v. Hoglund, 244 U.S. 174 (1917), in 244 U.S. 174, page 244 U.S. 175. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QFXT8QTMNRVFQGN.
Harvard: U.S. Supreme Court, 'Syllabus' in Lane v. Hoglund, 244 U.S. 174 (1917). cited in 1917, 244 U.S. 174, pp.244 U.S. 175. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=QFXT8QTMNRVFQGN.
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