Legal Opinion

Montoya v. United States

United States Court of Claims

Decided April 12, 1897No. Indian Depredations, 1588PublishedCited by 2 opinions

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. At the time of the depredation hereinafter found, Estanislao Montoya, Desiderio Montoya, and Eutimio Montoya were partners, doing- business in Socorro County, N. Mes., under the name and style of E. Montoya & Sons, and were at the time, and long prior thereto, citizens of the United States, residing at San Antonio, in said county and Territory.

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The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. At the time of the depredation hereinafter found, Estanislao Montoya, Desiderio Montoya, and Eutimio Montoya were partners, doing- business in Socorro County, N. Mes., under the name and style of E. Montoya & Sons, and were at the time, and long prior thereto, citizens of the United States, residing at San Antonio, in said county and Territory. Thereafter, and long prior to the passage of the Act of March 3,1891 (26 Stat. L., 851), the said Estanislao and Desi-derio Montoya died, leaving…

1Opinion of the CourtPeelle, J.

The claimant, as surviving partner of the late firm of E. Montoya & Sons, seeks to recover under the Act March 3,1891 (26 Stat. L., 851), for the loss of horses, mules, and other live stock taken from them without just cause or provocation, on the 12th of March, 1880, in Socorro County, N. Mex., by Mesealero Apache Indians, then and for a long time prior thereto allied with Victoria, a Chiricahua Apache, and his followers, under the name of Victoria’s band, as set forth in the findings,

*354Two questions are presented for our consideration: (1) Wbat was the status of Victoria’s band of Indians, i.…

2Cases cited6 opinions

  1. Worcester v. GeorgiaSupreme Court of the United States · 1832
  2. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
  3. Holden v. JoySupreme Court of the United States · 1872
  4. Leighton v. United StatesSupreme Court of the United States · 1896
  5. Leighton v. United StatesUnited States Court of Claims · 1894

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3Cited by2 opinions

  1. Fort Sill Apache Tribe of Oklahoma v. United StatesUnited States Court of Claims · 1973
  2. McKee v. United StatesUnited States Court of Claims · 1897

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