Legal Opinion

Price v. United States & Osage Indians

Supreme Court of the United States

Decided May 15, 1899No. 247PublishedCited by 81 opinions

APPEAL FROM THE COURT OF CLAIMS. This case came on appeal from the Court of Claims. The matter of dispute is disclosed by the second and fourth findings of the court, which are as follows: Second.

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APPEAL FROM THE COURT OF CLAIMS. This case came on appeal from the Court of Claims. The matter of dispute is disclosed by the second and fourth findings of the court, which are as follows: Second. “ On the 26th day of June, 1847, near the Arkansas River, on the route from western Missouri to Santa Fé, at a place in what is now the State of Kansas, Indians belonging to the Osage tribe took and drove away 32 head of oxen, the property of said decedent, which at the time and place of taking were reasonably worth the sum of four hundred dollars ($400). “ At the time said oxen were taken they were…

1Opinion of the CourtJustice Brewer

The fourth finding simply shows that a claim was presented to the Interior Department and evidence filed in support thereof. The petition alleges not merely the fact of the presentation of the claim and of the filing of evidence to sustain it, but also an award by the Secretary of the amount of $6800, a sum covering both the value of the property taken by the Indians and the consequential damages resulting therefrom. Á demurrer by the defendants having been overruled, a traverse was filed, denying all the allegations of the petition: Taking the pleadings with the findings we might justly…

2Cases cited3 opinions

  1. Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
  2. Schillinger v. United StatesSupreme Court of the United States · 1894
  3. Leighton v. United StatesSupreme Court of the United States · 1896

3Cited by81 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. United States v. MichelSupreme Court of the United States · 1931
  3. United States v. Mescalero Apache TribeUnited States Court of Claims · 1975
  4. Hammond-Knowlton v. United StatesCourt of Appeals for the Second Circuit · 1941
  5. United States v. McCraryUnited States Court of Military Appeals · 1951

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