Crouse v. New York, Pennsylvania & Ohio Railroad
New York Supreme Court
Appeal from Cattaraugus county court. Action originally commenced in justice’s court by Cyrus Crouse against the Hew York, Pennsylvania & Ohio Railroad Company. Judgment against plaintiff for $103.10 costs, and execution issued. Motion to set aside execution sustained, whereupon defendant appeals.
1Dissent
Haight, J.,
(dissenting.) This action was brought by the attorney of the 'Seneca Nation of Indians. The statute in question provides that he shall prosecute and maintain ail actions, suits, and proceedings for the Indians, or any of them, as he may find necessary and proper. This statute confides to the attorney the exclusive right to prosecute and maintain all actions brought by the Indians, or any of them, and they cannot be brought by another attorney, even with the sanction of the attorney of the nation. All such actions must be brought by and in the name of the attorney appointed by the…
2Cases cited1 opinion
- Jackson ex dem. Van Dyke v. ReynoldsNew York Supreme Court · 1817