Leighton v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This case is before us on appeal from a judgment of tbe Court of Claims, dismissing the claimant’s petition.
Read the full summary
APPEAL FROM THE COURT OF CLAIMS. This case is before us on appeal from a judgment of tbe Court of Claims, dismissing the claimant’s petition. The amended petition on which the case was tried, after stating the facts of the depredation, the citizenship of the claimant, ■and the amity of the Indian tribe, alleged that the claim had been filed in the Interior Department, allowed on December 5, 1873, for $3025, and reported to Congress, March 27, 1874; and, again, on November 29, 1887, allowed for $2500, and reported to Congress. It further alleged that the property was worth $5005, and for that…
1Opinion of the CourtJustice Brewer
The first matter to be considered is the effect of the claimant’s election to reopen the case. On his part it is contended that it only permitted a new inquiry as to the amount and value of the property taken and carried away; that the liability of the government had been settled by the award and allowance of the Secretary of the Interior, and was no longer a matter of dispute. On the other hand, it is claimed by the government that it opened for consideration and judgment both the amount of the depredation and the fact of liability precisely as though there had been no action on the part of…
2Cited by18 opinions
- Price v. United States & Osage IndiansSupreme Court of the United States · 1899
- Creek Nation v. United StatesSupreme Court of the United States · 1943
- Blackfeet v. United StatesUnited States Court of Claims · 1935
- Collier v. United StatesSupreme Court of the United States · 1899
- Vincent v. United StatesUnited States Court of Claims · 1904
13 more not listed; retrieve them via the Exa API.