Rollins v. Eastern Band of Cherokee Indians
Supreme Court of North Carolina
Civil Aotion tried at Fall Term, 1880, of Buncombe Superior Court, before Gilmer, J. This action was broghtby the plaintiff against Enola or “ Black Fox,” Swanooka or “ Flying Squirrel,” John Ross and Lloyd R. Welch, chiefs and head-men of the eastern band of Cherokee Indians, and about two thousand other Cherokees, whose names are unknown to the plaintiff, and who are too numerous to be made parties, but who have a common interest with the above named defendants in the…
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Civil Aotion tried at Fall Term, 1880, of Buncombe Superior Court, before Gilmer, J. This action was broghtby the plaintiff against Enola or “ Black Fox,” Swanooka or “ Flying Squirrel,” John Ross and Lloyd R. Welch, chiefs and head-men of the eastern band of Cherokee Indians, and about two thousand other Cherokees, whose names are unknown to the plaintiff, and who are too numerous to be made parties, but who have a common interest with the above named defendants in the matters involved in this litigation. These Indians live in the counties of Cherokee, Graham, Swain, Macon and Jackson, and a…
1Opinion of the CourtSmith, C. J.
This action is prosecuted against the remnant of the Cherokee Indians remaining in the south-western counties of the state, after the removal of the great body of the nation under treaty arrangements with the government of the United States, to the reservation provided for them beyond the Mississippi river, for the recovery of compensation for.services under contracts entered into on the same day between the plaintiff and John Ross, their Chief, and between him and a large number of their head-men and chiefs, both undertaking to act on behalf and by the authority of the entire body, as a…
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