Rex v. United States
United States Court of Claims
The Reporter’s statement of the case: The averments of the petition to which defendants demur will be found sufficiently set forth in the opinion of the court.
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The Reporter’s statement of the case: The averments of the petition to which defendants demur will be found sufficiently set forth in the opinion of the court. The court is referred to the various Indian depredation statutes, which should be considered, if necessary, in the interpretation of the two acts directly involved herein, that of March 3, 1891, 26. Stat. 851, and of January 11, 1915, 38 Stat. 791. The first statute was that of May 19, 1796, sec. 14, 1 Stat. 472. The language used in this act is that of “ any Indian or Indians, belonging to any tribe in amity with the United States.”…
1Opinion of the CourtBooth, Judge
The petition in this case raises a jurisdictional issue and is here on defendants’ demurrer. The plaintiff alleges a loss of considerable personal property on June 10, 1866, at the hands of Black Hawk’s Band of Ute Indians, the habitat of the Indian tribe being in the then Territory of Utah. A claim for this loss was filed with the Secretary of the Interior on April 10, 1899, and subsequently a petition was duly filed in this court under the Indian Depredation statute of March 3,1891, 26 Stat., 851.
This court in Herring's case, 32 C. Cls., 536, found Black Hawk’s Band of Ute Indians to have…
2Cases cited1 opinion
- Herring v. United StatesUnited States Court of Claims · 1897