Gorham v. United States
United States Court of Claims
The Reporters statement of tbe case: Tbe grounds presented by tbe motions intbis case are stated in tbe opinion of tbe court. It will be seen tliat it is made tbe duty of tbe court to determine, “if x>ossible,” tbe tribe of Indians by wbom tbe wrong was committed and to render judgment against tbe United States and tbe tribe of Indians committing tbe wrong.
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The Reporters statement of tbe case: Tbe grounds presented by tbe motions intbis case are stated in tbe opinion of tbe court. It will be seen tliat it is made tbe duty of tbe court to determine, “if x>ossible,” tbe tribe of Indians by wbom tbe wrong was committed and to render judgment against tbe United States and tbe tribe of Indians committing tbe wrong. Tbe court is not to dismiss a suit of a claimant because be lias not by positive evidence established beyond question that certain Indians did tbe wrong; but if from tbe circumstances it is possible that tbe mind of tbe court may be at…
1Opinion of the CourtNott, J.
Judgment was entered in this case on the 5th June, 1893, against the United States for $1,390, the petition as against the two Indian defendants being dismissed. The court found from the evidence that the depredation was committed by Indians belonging to unknown tribes at the time in amity with the United States. At the last term of the court the defendants moved for a new trial.
*101On tbe argument two objections were taken to tbe judgment. Tbe first is jurisdictional, and rests upon a matter appearing upon tbe face of tbe judgment, viz, that judgment cannot be entered against tbe United States…
2Cases cited1 opinion
- Silvey v. United StatesUnited States Court of Claims · 1871
3Cited by4 opinions
- Pocono Pines Assembly Hotels Co. v. United StatesUnited States Court of Claims · 1932
- Badowski v. United StatesUnited States Court of Claims · 1958
- Duran v. United StatesUnited States Court of Claims · 1896
- Badowski v. United StatesUnited States Court of Claims · 1958