Johnson v. . Long Island R.R. Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 25, 1899, reversing an interlocutory-judgment of the Special Term sustaining a demurrer to the complaint. . The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. An Indian tribe has no legal capacity to sue in ejectment for tribal lands unless authorized to do so by statute.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 25, 1899, reversing an interlocutory-judgment of the Special Term sustaining a demurrer to the complaint. . The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. An Indian tribe has no legal capacity to sue in ejectment for tribal lands unless authorized to do so by statute. (Montauk Tribe v. L. I. R. R. Co., 28 App. Div. 470; Seneca Nation v. Christie, 126 N. Y. 122.) The individual Johnson cannot…
1Opinion of the CourtBartlett, J.
This appeal is taken by permission of the Appellate Division,- which certified three questions to this ■court: (1) Has the plaintiff in this action legal capacity to ¡sue? (2) Is there- a defect of the parties plaintiff in this •action, in that the members of the alleged Montauk Tribe of Indians are not made parties plaintiff ? (3) Does the complaint herein state facts sufficient to constitute a cause of •action ?
This is an action of ejectment brought by the plaintiff, a ■citizen of the United States of Indian-blood, and'.'liñéage and .a member of the Montauk Tribe of Indians by right of…
2Cases cited4 opinions
- Seneca Nation of Indians v. ChristieNew York Court of Appeals · 1891
- Strong v. WatermanNew York Court of Chancery · 1845
- Murphy v. AltmanAppellate Division of the Supreme Court of the State of New York · 1898
- Montauk Tribe of Indians v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by17 opinions
- Jimeson v. PierceAppellate Division of the Supreme Court of the State of New York · 1902
- Deere v. State of New YorkDistrict Court, N.D. New York · 1927
- Hatch v. LuckmanAppellate Division of the Supreme Court of the State of New York · 1913
- Hatch v. LuckmanNew York Supreme Court · 1909
- Seneca Nation of Indians v. . ApplebyNew York Court of Appeals · 1909
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