Legal Opinion

Eastern Cherokees v. United States

United States Court of Claims

Decided January 17, 1910No. 23214Published

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The original petition in case No. 23199 was filed in this court by the Cherokee Nation on February 20, 1903, by its attorneys, Finkelnburg, Nagel & Kirby and Edgar Smith, under a certain contract bearing date January 16, 1903, as follows: “ Know all men by these presents, that this contract, executed and approved in the manner prescribed in sections 2103 to 2106, both…

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The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The original petition in case No. 23199 was filed in this court by the Cherokee Nation on February 20, 1903, by its attorneys, Finkelnburg, Nagel & Kirby and Edgar Smith, under a certain contract bearing date January 16, 1903, as follows: “ Know all men by these presents, that this contract, executed and approved in the manner prescribed in sections 2103 to 2106, both inclusive, of the Revised Statutes of the United States, and in the pursuance of the provisions of section 68 of an act of…

1DissentHowry, J.

Agreeable as it would be to unite in the result, not only because of the nature of this case, but likewise because of the high character of the counsel claiming fees from the individuals decreed to be entitled to the fund, but under employment from others decreed not to be entitled, I am constrained to state different conclusions, whatever the outcome.

The questions presented relate to the right of the executive officers named in the findings to make the payments set forth. First, to pay under the original decree of this court, as affirmed, from the fund decreed to be paid to the Eastern…

Also in this document: Concurring in part, dissenting in part.

2Cases cited10 opinions

  1. Wood v. United StatesSupreme Court of the United States · 1842
  2. United States v. TynenSupreme Court of the United States · 1871
  3. The Distilled SpiritsSupreme Court of the United States · 1871
  4. Aldridge v. WilliamsSupreme Court of the United States · 1844
  5. King v. CornellSupreme Court of the United States · 1882

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