Peano v. Brennan
South Dakota Supreme Court
Appeal from Circuit Court, Eall River County. Hon. Lkvi Mc-GiSk, Judge. Action by William Peano- against John R. Brennan. From an-order sustaining a demurrer to- the complaint, plaintiff appeals. The land upon which the trespass is alleged to have been committed lies within the Sioux Reservation in South Dakota; as th.e land is within the state the Indian is entitled to protection under the state laws.
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Appeal from Circuit Court, Eall River County. Hon. Lkvi Mc-GiSk, Judge. Action by William Peano- against John R. Brennan. From an-order sustaining a demurrer to- the complaint, plaintiff appeals. The land upon which the trespass is alleged to have been committed lies within the Sioux Reservation in South Dakota; as th.e land is within the state the Indian is entitled to protection under the state laws. Sec. 26 Civiy Code, S. D. 1903. Sec. 1, Art. 6, Constitution S. D., Chap, i, Political Code, Sec. 1. Civil Jurisdiction of the state has not been ceded or reserved to the United States. State…
1Opinion of the CourtCorson, J.
This is an appeal from ail order of the circuit court of Fall River county sustaining a demurrer to the plaintiff’s complaint. The action was brought in that court by the plaintiff, a tribal Sioux Indian, against the defendant, an Indian agent for the Pine Ridge Indian Reservation. It is alleged in the complaint that the plaintiff with his family, aout five years prior to the commencement of the action, located permanently on uninhabited land in Washington county for the purpose of establishing a permanent home and following agricultural pursuits; that said land so located upon is suitable…
2Cases cited6 opinions
- Ex Parte Crow DogSupreme Court of the United States · 1883
- The Kansas IndiansSupreme Court of the United States · 1867
- Felix v. PatrickSupreme Court of the United States · 1892
- Felix v. PatrickU.S. Circuit Court for the District of Nebraska · 1888
- United States v. EwingDistrict Court, D. South Dakota · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Risse v. MeeksSouth Dakota Supreme Court · 1998
- Red Hawk v. JoinesOregon Supreme Court · 1929
- O'Neal v. Diamond a Cattle Co.South Dakota Supreme Court · 1935
- Ex parte MooreSouth Dakota Supreme Court · 1911
- Risse v. MeeksSouth Dakota Supreme Court · 1998
1 more not listed; retrieve them via the Exa API.