Green v. Menominee Tribe of Indians
United States Court of Claims
On the defendants' Demurrer. The Reporters' statement of the case: This case was first heard upon the defendants’ demurrer to the original petition. (46 C. Cls. R., 68.) The material allegations of the amended petition will be found in the opinion of the court.
1Opinion of the Court
Pee CURIasí :
The questions herein arise- on the defendants’ demurrer to the amended petition on substantially the same grounds as those assigned on the demurrer to the original petition, which were, in substance, (1) that the jurisdictional act of May 29, 1908 (35 Stat. L., 444, 445), was in violation of certain provisions of the Constitution of the United States, and (2) that the facts averred were not sufficient to constitute a cause of action.
In the original petition the claimant, by the averments thereof, sought to fix liability upon the tribe as guarantor or upon the individual members…
2Cases cited2 opinions
- Ingraham v. WardSupreme Court of Kansas · 1896
- Stacy v. La BelleWisconsin Supreme Court · 1898
3Cited by1 opinion
- Catskill Development, L.L.C. v. Park Place Entertainment Corp.District Court, S.D. New York · 2001