Hicks v. Ewhartonah
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Hon. Felix I. Batson, Circuit Judge. The Circuit Court erred in holding this cause to be within the last clause of the act of Congress,'3c? sec., approved March 3d, 1847, entitled “ An act to provide for the better organization of the Department of Indian Affairs,” etc. This act is only intended to apply to contracts made by an Indian in the Indian country, or in relation to claims against or moneys to be received from the United States.
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Appeal from Sebastian Circuit Court. Hon. Felix I. Batson, Circuit Judge. The Circuit Court erred in holding this cause to be within the last clause of the act of Congress,'3c? sec., approved March 3d, 1847, entitled “ An act to provide for the better organization of the Department of Indian Affairs,” etc. This act is only intended to apply to contracts made by an Indian in the Indian country, or in relation to claims against or moneys to be received from the United States. The contract in this case was made in the State of Arkansas, and, by the laws of this State, is valid and binding upon…
1Opinion of the CourtJustice Rector
This is a suit by attachment commenced by the appellant, against the appellee, before a Justice of the Peace in Sebastian county.
The appellant obtained, judgment before the justice, and the case was taken to the Circuit Court by appeal.
Upon the trial there, the appellant proved the sale and delivery of merchandise, to the amount of one hundred dollars, within Sebastian county, State of Arkansas.
It was also proven that Ewhartonah, the appelle, was an Indian, and Hicks was a white man.
And upon this proof, the Circuit Court, sitting as a jury, found for the appellee, and gave judgment…
2Cases cited1 opinion
- Murray v. WoodenNew York Supreme Court · 1837
3Cited by1 opinion
- United States v. Sa-Coo-Da-CotU.S. Circuit Court for the District of Nebraska · 1870