People ex rel. Blacksmith v. Tracy
Court for the Trial of Impeachments and Correction of Errors
Motion by the defendant to set aside an alternative mandamus. A writ of alternative mandamus, issued pursuant to a former rule of the court, had been served on the defendant, reciting that J. H. Martindale, then district attorney of Genesee, had made complaint before the defendant as first judge, to the effect that certain persons other than indians (who were named) had intruded upon and settled on lands in that county belonging to the Tonewanda indians, and- that he had…
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Motion by the defendant to set aside an alternative mandamus. A writ of alternative mandamus, issued pursuant to a former rule of the court, had been served on the defendant, reciting that J. H. Martindale, then district attorney of Genesee, had made complaint before the defendant as first judge, to the effect that certain persons other than indians (who were named) had intruded upon and settled on lands in that county belonging to the Tonewanda indians, and- that he had applied for a warrant for their removal pursuant to the statute, [Laws of 1821, p. 183, § 1;] that an examination was…
1Opinion of the Court
By the Court, Jewett, J.
The Tonewanda reservation in the county of Genesee is a well known tract of land, and should have been mentioned in the writ as that from which the intruders were to be removed. The writ is bad in that respect.
The statute under which the proceeding was instituted before the defendant, (Laws of 1821, p. 183,) renders it unlawful for persons other than Indians to settle on indian lands, and requires any judge of the court of common pleas, on complaint made to him and on “ due proof of the fact of such settlement,” to issue his warrant to the sheriff requiring him to…
2Cases cited1 opinion
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
3Cited by6 opinions
- Doolittle v. Selectmen of BranfordSupreme Court of Connecticut · 1890
- Fish v. WeatherwaxNew York Supreme Court · 1801
- Spota v. JacksonNew York Court of Appeals · 2008
- In re Fischer, New York County Courts1953
- In re Krech, New York County Courts1929
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