Legal Opinion

Blue-Jacket v. Commissioners of Johnson County

Supreme Court of Kansas

Decided February 15, 1865PublishedCited by 13 opinions

Error from Johnson County. The suit in the court below was instituted for the purpose of obtaining an order restraining the defendants from selling certain lands of the plaintiff’s for taxes, and to recover judgment for taxes already paid.

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Error from Johnson County. The suit in the court below was instituted for the purpose of obtaining an order restraining the defendants from selling certain lands of the plaintiff’s for taxes, and to recover judgment for taxes already paid. The petition which was filed in behalf of Charles Blue-Jacket and all other Shawnee, Indians owning lands in Johnson county, alleges that he and those for whose benefit the suit was brought, are membei’s of the united tribe of Shawnee Indians. That said tribe for a long time prior to the organization of the territory of Kansas, had, and since until now,…

1Opinion of the Court

By the Court,

Crozier, C. J.

The questions involved in this case have been twice ably and fully argued at the bar, and the court ha's given *347to them much anxious reflection. They are in their nature very important and delicate, involving the ascertainment of the boundary between the powers and functions of the national and state governments. The case itself is sui generis. The books, so far as the research of counsel, and a thorough examination by the court have enabled them to determine, disclosing nothing like it; some of the principles involved have been adjudicated, and may be considered as…

2Cases cited2 opinions

  1. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
  2. Lowry v. WeaverU.S. Circuit Court for the District of Indiana · 1846

3Cited by13 opinions

  1. Hudson v. Commiss'rs of Atchison CountySupreme Court of Kansas · 1873
  2. Bem-Way-Bin-Ness v. EshelbySupreme Court of Minnesota · 1902
  3. Clark v. AkersSupreme Court of Kansas · 1876
  4. Board of County Com'rs of Sedgwick County v. United StatesUnited States Court of Claims · 1952
  5. Ingraham v. WardSupreme Court of Kansas · 1896

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