Lammers v. Nissen
Cases that cite this one
6 later published cases cite this decision.
- United States v. Eldredge (District Court, D. Montana 1940)
- North Shore, Inc. v. Wakefield (N.D. 1995)
- Payne v. Payne (Mo. Ct. App. 1985)
- United States v. 11,993.32 Acres of Land (District Court, D. North Dakota 1953)
- Topping v. Cohn (Neb. 1904)
- Harding v. Giddings (7th Cir. 1896)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
The only question in this case is whether as a matter of fact, when Lammers, the plaintiff in error, purchased from the United States, lot 1, sec. 12, T. 33, R. 1, Dakota City land district, there was in front and outside of the meandered line of the lot any land that could be cultivated, or that bore trees of value, or grass sufficient for grazing purposes. There is no dispute between the parties as to the law. The District Court of Cedar County found there was such land and this finding has been affirmed by the Supreme Court of Nebraska on appeal. Under such circumstances we ought not to disturb the judgment of the state court unless the error is clear. No less stringent rule should be applied in cases of this kind than that which formerly governed in admiralty appeals, when two courts had found in the same way, on a question of fact.
After a careful examination of the evidence, we are satisfied with the result reached by the court below, and the judgment is, consequently, Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.