Montauk Tribe of Indians v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Montaulc Tribe of Indians, by Wyandank Pharoah, their chief and king, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 29th day-of November, 1897, upon the decision of the court, rendered after a trial at the Suffolk Special Term, sustaining the defendant’s demurrer to the complaint. ■
1Opinion of the Court
Cullen, J.:
One of the grounds of tlie demurrer is that the plaintiff has no capacity to sue, and this is the ground on which the decision of the Special Term proceeded. It is not worth while to enter upon any discussion of the status of the Indian'tribes within this State, as we think that on the question now before us we are concluded by authority. In Strong v. Watermam, (11 Paige, 607) it was held that, while the Indians had the undoubted right to the beneficial use and occupancy of their lands, no provision liad been made by law for bringing ejectment to recover possession of them; that as…
2Cases cited3 opinions
- Seneca Nation of Indians v. ChristieNew York Court of Appeals · 1891
- Seneca Nation v. ChristySupreme Court of the United States · 1896
- Strong v. WatermanNew York Court of Chancery · 1845
3Cited by4 opinions
- Johnson v. . Long Island R.R. Co.New York Court of Appeals · 1900
- Onondaga Nation v. ThacherNew York Supreme Court · 1899
- Pharaoh v. BensonAppellate Division of the Supreme Court of the State of New York · 1914
- Johnson v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899