Litchfield v. United States

Peelle, J.,

delivered the opinion of the court:.Judgment was originally entered in this case on stipulation of the parties as provided by section 4, act of March 3,1891 (26 Stat. L., 851). But later the defendants filed a motion for a new trial under Eevised Statutes, section 1088, assigning as grounds therefor, among other things, that the defendant *204Indians were not in amity with the United States at the dates of the depredations alleged in the petition, to wit, February 4, 1865, and October 23, 1865, which motion, after elaborate and able arguments on both sides, was sustained, holding that…