Legal Opinion · Concurrence

McMillan v. Tate

Mississippi Supreme Court

Decided April 17, 1972No. 46629Published

1Concurrence

I am in agreement with the majority opinion as to the end result of this case; however, I am compelled to express my opinion on the issue of state court jurisdiction of Indians within the State of Mississippi. I think we should go further and leave no doubt that the state court has jurisdiction of cases involving all citizens of Mississippi, including Indians.

The Treaty at Doak's Stand on October 18, 1820 and another treaty on January 20, 1825 began the cession of land by the Choctaw Indians to the United States in which an agreement was made that the Choctaw tribe would move west of the…

2Cases cited7 opinions

  1. James v. Dravo Contracting Co.Supreme Court of the United States · 1937
  2. Paul v. United StatesSupreme Court of the United States · 1963
  3. McCracken v. HaywardSupreme Court of the United States · 1844
  4. Choctaw Nation v. United StatesSupreme Court of the United States · 1886
  5. Bagby v. United StatesCourt of Appeals for the Tenth Circuit · 1932

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