United States v. Martinez
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This action was brought in the Court of Claims on October 24, 1891, to recover damages against the United States and the Ute tribe of Indians in the sum of fourteen hundred dollars, the value of certain sheep alleged to have been taken, and destroyed or used in June, 1873, by the said Indians, The petition was filed under the provisions,of the act of March 8(/ 1891, entitled “An act to provide for the adjudication and payment of claims…
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APPEAL FROM THE COURT OF CLAIMS. This action was brought in the Court of Claims on October 24, 1891, to recover damages against the United States and the Ute tribe of Indians in the sum of fourteen hundred dollars, the value of certain sheep alleged to have been taken, and destroyed or used in June, 1873, by the said Indians, The petition was filed under the provisions,of the act of March 8(/ 1891, entitled “An act to provide for the adjudication and payment of claims arising from Indian depredations.” 26 Stat. 851. ■ On February 5, 1902, the Assistant Attorney Gen.eral of the'United States…
1Opinion of the CourtJustice Day
This claim arises under the Indian Depredation Act of March 3, 1891, 26 Stat. 851, and presents the question whether, after the expiration of three years from the filing of the petition in the Court of Claims, a tribe of Indians, not originally named in the petition, can be brought into the action by amended petition with a view to proceeding against such tribe • to judgment. The record discloses that the original petition was filed on October 24, 1891; the amended petition on November 4, 1902. The Attorney General filed a plea setting up the bar of the statute, which plea was overruled, and…
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