Montoya v. United States
United States Court of Claims
The Reporters'1 statement of tbe case: Tbe following are the facts of tbe case as found by tbe court: I. Tbe claimant presented this claim to tbe Secretary of tbe Interior February 13,1871. Tbe Commissioner of Indian Affairs reported adversely to tbe allowance of tbe claim, but on the 5th February, 1891, the Secretary of tbe Interior recommended an allowance in favor of tbe claimant for tbe depredation committed by Cheyenne and Kiowa Indians in treaty relations with the…
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The Reporters'1 statement of tbe case: Tbe following are the facts of tbe case as found by tbe court: I. Tbe claimant presented this claim to tbe Secretary of tbe Interior February 13,1871. Tbe Commissioner of Indian Affairs reported adversely to tbe allowance of tbe claim, but on the 5th February, 1891, the Secretary of tbe Interior recommended an allowance in favor of tbe claimant for tbe depredation committed by Cheyenne and Kiowa Indians in treaty relations with the United States of $1,920. II. At tbe time of tbe depredation hereafter found tbe deceased claimant, Jose de Burjos Montoya,…
1Opinion of the CourtNott, J.
The claim in this case was allowed by the Secretary of the Interior. The claimant rested content therewith, but the defendants elected to reopen the case, which is now submitted, except as to the jurisdictional question of amity, upon the same evidence on which it was allowed by the Secretary, and no other.
As the Secretary of the Interior and the Commissioner of Indian Affairs differed in their views of the claim, the latter reporting adversely to its allowance and the former overruling the Commissioner’s objections and allowing it, it is not improbable that if the case were coming .before…
2Cited by1 opinion
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