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Plested v. Abbey, 228 U.S. 42 (1913)
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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.
Plested v. Abbey, 228 U.S. 42 (1913)
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Plested v. Abbey No. 156 Argued January 31, 1913 Decided April 7, 1913 228 U.S. 42
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE DISTRICT OF COLORADO
Syllabus
Subordinate officers of the Land Department are under the control, and their acts are subject to the review, of their official superiors, the Commissioner of the General Land Office and ultimately the Secretary of the Interior.
Until the legal title to public land passes from the government, inquiry as to all equitable rights comes within the cognizance of the Land Department. Brown v. Hitchcock, 173 U.S. 433, 476.
Congress has placed the Land Department under the supervision and control of the Secretary of the Interior, a special tribunal with large administrative and quasi-judicial function, and subordinate officials should not be called upon to put the court in possession of their views and defend their instruction from the Commissioner and convert the contest before the Land Department into one before the court. Litchfield v. Register, 9 Wall. 575.
The facts, which involve the right under the laws of the United States to purchase coal lands belonging to the United States, and the jurisdiction of the courts over the officers of the Land Department prior to issuing of the patent, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Plested v. Abbey, 228 U.S. 42 (1913) in 228 U.S. 42 228 U.S. 43–228 U.S. 47. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=XDFE83DE59VTB1X.
MLA: U.S. Supreme Court. "Syllabus." Plested v. Abbey, 228 U.S. 42 (1913), in 228 U.S. 42, pp. 228 U.S. 43–228 U.S. 47. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XDFE83DE59VTB1X.
Harvard: U.S. Supreme Court, 'Syllabus' in Plested v. Abbey, 228 U.S. 42 (1913). cited in 1913, 228 U.S. 42, pp.228 U.S. 43–228 U.S. 47. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=XDFE83DE59VTB1X.
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