Legal Opinion

United States v. Ash Sheep Co.

Court of Appeals for the Ninth Circuit

Decided May 6, 1918No. 3059PublishedCited by 5 opinions

In Error to the District Court of the United States for the District of Montana; Geo. M. Bourquin, Judge. Action by the United States against the Ash Sheep Company. There was a judgment for defendant, and the United States brings error.

1Opinion of the Court

GIRBERT, Circuit Judge.

The origin of this case is explained by what is said in Ash Sheep Co. v. United States (No. 2855) 250 Fed. 591, - C. C. A. --, decided at the same time herewith. After the court below (229 Fed. 479) had ruled in case 2855 that the complainant could not recover in that suit the penalties provided by section 2117, Rev. Stats. (Comp. St. 1916, § 4107), the United States brought this action at law in the court below to recover those penalties. The defenses of the defendant to the action were that the Indian’s title to the lands had been extinguished; that the defendant had…

2Cases cited7 opinions

  1. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
  2. United States v. LacherSupreme Court of the United States · 1890
  3. Estate of WaldenCalifornia Supreme Court · 1913
  4. United States v. MattockDistrict Court, D. Oregon · 1872
  5. Ash Sheep Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1918

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cook v. HudsonMontana Supreme Court · 1940
  2. United States v. StevensCourt of Appeals for the Eighth Circuit · 1933
  3. United States v. KambeitzDistrict Court, N.D. New York · 1919
  4. United States v. Ash Sheep Co.Court of Appeals for the Ninth Circuit · 1918
  5. United States of America Ex Rel. Alice Whitehorse and Billy Tsosie, Cross-Appellees v. Nancy Willcoxson Briggs, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1977

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