Legal Opinion

Brice v. United States

United States Court of Claims

Decided December 7, 1896No. Indian Depredations 2829PublishedCited by 2 opinions

The Reporters’ statement of tbe case: The facts of the case sufficiently appear in the opinion of the court. When the claim was allowed by the Secretary of the Interior, according to the practices of that Department, it was unquestionably intended that said allowance should be in full satisfaction of the claimant’s demand ag'ainstthe United States and the defendant Indians.

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The Reporters’ statement of tbe case: The facts of the case sufficiently appear in the opinion of the court. When the claim was allowed by the Secretary of the Interior, according to the practices of that Department, it was unquestionably intended that said allowance should be in full satisfaction of the claimant’s demand ag'ainstthe United States and the defendant Indians. The claimant accepted payment without any reservation whatever, and it is insisted that said payment was in full satisfaction of the claim. (Gilman’s Oase, 8 0. Cls. R., 521; Gomstoclc’s Case, 9 O. Cls. R., 141.) It is not…

1Opinion of the CourtWeldon, J.

This is a suit to recover the sum of $2,250, being the balance claimed on an alleged depredation committed by the defendant Indians on the property of the plaintiff in the year 1868, in the county of Bent, in the then Territory of Colorado.

The claim was filed in the Interior Department in the year 1868, supported by the affidavits of claimant and two witnesses, in which it is substantially stated that the property, to wit, 45 mules, was worth the sum of $11,250. The claim was considered on the 21st of June, 1870, and was allowed in the sum of $9,000 by the Secretary. On the 25th of July,…

2Cases cited6 opinions

  1. Savage v. United StatesSupreme Court of the United States · 1876
  2. Shipman v. United StatesUnited States Court of Claims · 1883
  3. Comstock v. United StatesUnited States Court of Claims · 1873
  4. Carmick v. United StatesUnited States Court of Claims · 1866
  5. Hedrick v. United StatesUnited States Court of Claims · 1880

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3Cited by2 opinions

  1. Davidson v. United StatesUnited States Court of Claims · 1899
  2. Price v. United StatesUnited States Court of Claims · 1897

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