McKay v. Kalyton
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP OREGON. This suit was commenced in the Circuit Court of Umatilla County, Oregon, by the filing of a complaint in the name of Agnes Kaylton, suing by her mother, Louise Kaylton, as guardian ad litem. Mary Kaylton and six other persons were made defendants, one such (Charles Wilkins) being sued as the acting United States Indian agent at the Umatilla reservation.
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ERROR TO THE SUPREME COURT OP THE STATE OP OREGON. This suit was commenced in the Circuit Court of Umatilla County, Oregon, by the filing of a complaint in the name of Agnes Kaylton, suing by her mother, Louise Kaylton, as guardian ad litem. Mary Kaylton and six other persons were made defendants, one such (Charles Wilkins) being sued as the acting United States Indian agent at the Umatilla reservation. It was alleged in substance as follows: By virtue of an act of Congress approved March 3, 1885, and the amendments thereto, a tract of land in the Umatilla Indian reservation was duly allotted…
1Opinion of the CourtJustice White
It is contended that we are without jurisdiction because no title, right or immunity was specially set up or claimed under any Federal statute and denied. But, leaving aside for a moment all other considerations, it is plain that the defendant below set up a claim of immunity from suit in the state court under the laws of the United States, and that the right to the' immunity so asserted under an act or acts of Congress was expressly considered and denied by the state court. True it is that the immunity'which was asserted was first claimed in a petition for rehearing, but as the question was…
2Cases cited3 opinions
- United States v. RickertSupreme Court of the United States · 1903
- Matter of HeffSupreme Court of the United States · 1905
- Hy-Yu-Tse-Mil-Kin v. SmithSupreme Court of the United States · 1904
3Cited by81 opinions
- United States v. MitchellSupreme Court of the United States · 1983
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
- Bowles v. WillinghamSupreme Court of the United States · 1944
- Grannis v. OrdeanSupreme Court of the United States · 1914
- Minnesota v. United StatesSupreme Court of the United States · 1939
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