Legal Opinion

United States v. Ash Sheep Co.

District Court, D. Montana

Decided February 4, 1916No. 11PublishedCited by 2 opinions

In Equity. Suit by the United States against the Ash Sheep Company to enjoin grazing of sheep on Indian lands. Decree for the United States for an injunction and nominal damages.

1Opinion of the Court

BOURQUIN, District Judge.

This is a suit to enjoin defendant from grazing sheep on lands now determined to be Indian lands held *480in trust by plaintiff (221 Fed. 587, 137 C. C. A. 306), and for damages. Plaintiff contends that it is entitled to recover $1 per head of sheep grazed, by virtue of section 2117, R. S. (Comp. St. 1913, § 4107), which provides that any one who drives any “stock of horses, mules, or cattle, to range and feed on any land belonging to any Indian or Indian tribe, without the consent of such tribe, is liable to a penalty of one dollar for each animal of such stock.” This is…

2Cases cited1 opinion

  1. United States v. Ash Sheep Co.Court of Appeals for the Ninth Circuit · 1915

3Cited by2 opinions

  1. United States v. Ash Sheep Co.Court of Appeals for the Ninth Circuit · 1918
  2. 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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