Montoya v. United States
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. This was a petition by the surviving partner of the firm of E. Montoya & Sons against the United States and the Mescalero Apache Indians for the value of certain live stock taken in March, 1880, by certain of these Indians, known as Victoria’s Band. The Court of Claims made the finding of facts set forth in the margin.1
1Opinion of the CourtJustice Brown
The first section of the act of March 3,1891, c. 538, 26 Stat. 851, vests the Court of Claims with jurisdiction to inquire into and finally adjudicate “ First. All claims for property of citizens of tbe United States taken or destroyed by Indians belonging to any band, tribe or nation in amity with the United' States, without just cause or provocation on the part of the owner or agent in charge, and not returned or paid for.”
To sustain a claim under this section, it is incumbent upon the claimant to prove that the Indians taking or destroying the property belonged to a band, tribe or nation…
2Cases cited3 opinions
- United States v. Pacific RailroadSupreme Court of the United States · 1887
- United States v. PughSupreme Court of the United States · 1879
- Marks v. United StatesSupreme Court of the United States · 1896
3Cited by87 opinions
- United States v. CandelariaSupreme Court of the United States · 1926
- Mashpee Tribe v. New Seabury Corp., Mashpee Tribe v. New Seabury Corp., Mashpee Tribe v. New Seabury Corp., Matthew B. Connolly, Etc.Court of Appeals for the First Circuit · 1979
- Golden Hill Paugussett Tribe of Indians v. WeickerCourt of Appeals for the Second Circuit · 1994
- Narragansett Tribe of Indians v. Southern Rhode Island Land Development Corp.District Court, D. Rhode Island · 1976
- Seldovia Native Ass'n v. LujanCourt of Appeals for the Ninth Circuit · 1990
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