Smith v. Mosgrove
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. This is an action commenced in the Circuit Court of Umatilla County by Philomme Smith against James Mos-grove, William Mosgrove and Mat Mosgrove, to recover damages for trespass upon real property. On motion of defendants, an order was entered in the court below, dismissing the action for want of jurisdiction of the subject-matter, from which the plaintiff appeals.
1Opinion of the CourtChief Justice Bean
This is an action to recover damages for trespass upon real property. The pleadings are voluminous, and present important questions for ultimate determination; but for the purpose of this appeal, it is not necessary to allude to them.' It is sufficient that this is an action brought by an Indian allottee of land on the Umatilla reservation against a white man to recover damages for an alleged unlawful trespass upon such land. After issue had been joined, the court below, on motion of defendants, dismissed the action for want of jurisdiction of the subject-matter, and this presents the only…
2Cases cited11 opinions
- The Kansas IndiansSupreme Court of the United States · 1867
- Felix v. PatrickSupreme Court of the United States · 1892
- McKay v. KalytonSupreme Court of the United States · 1907
- Bem-Way-Bin-Ness v. EshelbySupreme Court of Minnesota · 1902
- United States v. MullinDistrict Court, D. Nebraska · 1895
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3Cited by4 opinions
- Red Hawk v. JoinesOregon Supreme Court · 1929
- O'Neal v. Diamond a Cattle Co.South Dakota Supreme Court · 1935
- Smith v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- Laveirge v. DavisSupreme Court of Minnesota · 1926