Jemison v. . Bell Telephone Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1905, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff cannot maintain this action, as there is a failure to prove that he is an allottee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1905, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff cannot maintain this action, as there is a failure to prove that he is an allottee. (L. 1849, ch. 420, §§ 7-10; L. 1863, ch. 90, §§ 16, 17.) Chapter 296 of the Laws of 1902 is unconstitutional. (Lemont v. Cheshire, 65 N. Y. 30; Jarvis v. Lynch, 157 N. Y. 445; Onondaga Nation v.…
1Opinion of the CourtEdwabd T. Babtlett, J.
The plaintiff had been for nineteen years, at the time of the trial, a chief of the Tonawanda band of Seneca Indians, and for forty years or more a resident, and exceeding twenty years a landowner, on the Tonawanda Indian reservation, in the town of Alabama, county of Genesee and state of New York.
The plaintiff’s premises are briefly described as follows in the'complaint: “It is bounded on the east by the lands of Jonathan Jemison, oil the south by the West Shore Railroad, on the west by the lands of Erastns Printup, on the north by the center of the highway leading from Bascom to Akron and…
2Cases cited3 opinions
- Seneca Nation of Indians v. ChristieNew York Court of Appeals · 1891
- Seneca Nation v. ChristySupreme Court of the United States · 1896
- Seneca Nation of Indians v. LehleyNew York Supreme Court · 1889
3Cited by11 opinions
- Cornwell v. . SanfordNew York Court of Appeals · 1918
- People Ex Rel. Ray v. MartinNew York Court of Appeals · 1945
- Herzog Brothers Trucking, Inc. v. State Tax CommissionNew York Court of Appeals · 1987
- Hatch v. LuckmanAppellate Division of the Supreme Court of the State of New York · 1913
- Hatch v. LuckmanNew York Supreme Court · 1909
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