Shongo v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Daniel E. Shongo, from a judgment of the Supreme Court in favor of. the defendants, entered in the office of the clerk of the county of Cattaraugus on the 15th day of September, 1897, upon the report of a referee dismissing the complaint upon the merits and vacating a temporary injunction granted in the action. The plaintiff is an Indian and one of the Seneca Nation, whose reservation, the Allegany, is in the county of Cattaraugus.
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Appeal by the plaintiff, Daniel E. Shongo, from a judgment of the Supreme Court in favor of. the defendants, entered in the office of the clerk of the county of Cattaraugus on the 15th day of September, 1897, upon the report of a referee dismissing the complaint upon the merits and vacating a temporary injunction granted in the action. The plaintiff is an Indian and one of the Seneca Nation, whose reservation, the Allegany, is in the county of Cattaraugus. The lands in controversy comprise a hotel property situated in the village of Carrollton, which is on that reservation. Charles ITalftown,…
1Opinion of the Court
Spring, J.:
The Hational government, by its treaties and congressional acts, has, dealt with the Indians in their tribal capacity. The title of the *342.land on* the various Indian reservations has been treated as belonging to the tribe in possession, and whenever the individual Indian -lias been recognized in his possession or ownership of the land it lias been to subserve some ulterior, paramount purpose. And while Ahe Indian title preceded the forced possession acquired by the -whites by superior strength on the early settlement of the country, ;a,nd in the rapid absorption of territory to meet…
2Cases cited6 opinions
- Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
- United States v. KagamaSupreme Court of the United States · 1886
- Whitney v. RobertsonSupreme Court of the United States · 1888
- The Chinese Exclusion CaseSupreme Court of the United States · 1889
- The Cherokee TobaccoSupreme Court of the United States · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- States v. Seneca Nation of New York IndiansDistrict Court, W.D. New York · 1921
- Andrews v. StateNew York Court of Claims · 1948
- Reservation Gas Co. v. SnyderNew York Supreme Court · 1914