Legal Opinion

Abrew v. United States

United States Court of Claims

Decided June 2, 1902No. 3807Published

The Bejoorters1 statement of the case: The following- are the facts of the case as found by the court: I. The depredation constituting the basis of the alleged claim, if committed at all, was committed by the Jicarilla Apaches in connection with some Comanches.

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The Bejoorters1 statement of the case: The following- are the facts of the case as found by the court: I. The depredation constituting the basis of the alleged claim, if committed at all, was committed by the Jicarilla Apaches in connection with some Comanches. At the alleged time, to wit, on the 26th day of June, 1850, in the Territory of New Mexico, the said Apaches and Comanches made a descent upon the Rayado, in said Territory, as is shown bjr the officer in charge of the military forces at said place. His report is as follows: “Rayado, N. M., June %6, 1850. “Sir: I have to inform you…

1Opinion of the Court

Weldon, J.,

delivered the opinion of the court:.In the argument in this case the contention upon the part of the plaintiff was that the depredation was committed by the. Utah Indians, and that said Indians at the time of the depredation were in amity with the United States.

The court having considered the evidence, reached the conclusion, as shown in the findings of fact, that whatever depredation was committed was not committed by the Utah Indians, but, on the contrary, was committed by the Jicarilla Apache and Comanche Indians; and from the report of the military officer in charge of the…

2Cases cited4 opinions

  1. Marks v. United StatesSupreme Court of the United States · 1896
  2. Leighton v. United StatesSupreme Court of the United States · 1896
  3. Leighton v. United StatesUnited States Court of Claims · 1894
  4. Marks v. United StatesUnited States Court of Claims · 1893

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