Legal Opinion

United States v. Martinez

Supreme Court of the United States

Decided December 12, 1904No. 15Published

APPEAL FROM THE COURT OF CLAIMS. This action was brought in the Court of Claims on October 24, 1891, to recover damages against the United States and the Ute tribe of Indians in the sum of fourteen hundred dollars, the value of certain sheep alleged to have been taken, and destroyed or used in June, 1873, by the said Indians, The petition was filed under the provisions,of the act of March 8(/ 1891, entitled “An act to provide for the adjudication and payment of claims…

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APPEAL FROM THE COURT OF CLAIMS. This action was brought in the Court of Claims on October 24, 1891, to recover damages against the United States and the Ute tribe of Indians in the sum of fourteen hundred dollars, the value of certain sheep alleged to have been taken, and destroyed or used in June, 1873, by the said Indians, The petition was filed under the provisions,of the act of March 8(/ 1891, entitled “An act to provide for the adjudication and payment of claims arising from Indian depredations.” 26 Stat. 851. ■ On February 5, 1902, the Assistant Attorney Gen.eral of the'United States…

1Concurrence

Mr. Justice White,

with whom concurs

2DissentJustice Mc-Kenna

Under the Indian depredation -act of March 3, 1891, the United States was sued by one Gorham in the Court of Claims, and it was averred in the petition that the damage complained of had been inflicted by the Comanche and Kiowa tribes of Indians, who were in amity with the United States. After hearing, the Court of Claims, finding it to be established by the proof that the lpss complained of had been occasioned by Indians in amity with the United States, but that the proof did not show that the Comanche and Kiowa tribes were the wrongdoers, nevertheless,…

3Cases cited1 opinion

  1. United States v. GorhamSupreme Court of the United States · 1897

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