Hayt v. United States
United States Court of Claims
On the Proofs.. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. At the time of the depredation hereinafter stated the claimant’s decedent was a citizen of the United States. II.
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On the Proofs.. The Reporters' statement of the case: The following are the facts of the case as found by the court: I. At the time of the depredation hereinafter stated the claimant’s decedent was a citizen of the United States. II. On the 13th day of March, 1855, in the county of Conejos, State of Utah (then Territory), Indians belonging to the Tabeguaehe band of the Ute tribe of Indians, took and drove away property of the kind and character described in the petition, the property of claimant’s decedent, which at the time and place of taking was reasonably worth the sum of $345. The…
1Opinion of the CourtHowry, J.
This action was instituted under the act providing for the adjudication and payment of claims arising from the depredation of Indians (26 Stat. L., 851). That act is jurisdictional only, and relates to claims which had arisen under existing laws and treaty stipulations at the time of its passage. (Love v. United States, 29 C. Cls. R., 332.)
There is no provision' in the act which excludes a citizen from recovery for merely being in the Indian country. But the right to be there was made material under the seventeenth section of the act of June 30,1834 (4 Stat. L., 429), and that act,…
2Cases cited16 opinions
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- Ex Parte Crow DogSupreme Court of the United States · 1883
- Bates v. ClarkSupreme Court of the United States · 1877
- Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
- Mitchel and Others v. United StatesSupreme Court of the United States · 1835
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3Cited by4 opinions
- Ute Indians v. United StatesUnited States Court of Claims · 1910
- Indians of California ex rel. U. S. Webb v. United StatesUnited States Court of Claims · 1942
- Northwestern Bands of Shoshone Indians v. United StatesUnited States Court of Claims · 1942
- French v. United StatesUnited States Court of Claims · 1914