Legal Opinion

Marks v. United States

Supreme Court of the United States

Decided March 2, 1896No. 352PublishedCited by 24 opinions

APPEAL FROM THE COURT OF CLAIMS. ' On July 8,1891, appellants, as claimants, filed their petition in the Court of Claims under the act of March 3, 1891, c. 538, 26 Stat. 851, to recover the sum-of eleven thousand eight hundred dollars, the value of certain personal property charged to have been taken and destroyed by the Bannock.and Piute Indians during the month of June, 1818, in Happy Talley, in the State of Oregon.

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APPEAL FROM THE COURT OF CLAIMS. ' On July 8,1891, appellants, as claimants, filed their petition in the Court of Claims under the act of March 3, 1891, c. 538, 26 Stat. 851, to recover the sum-of eleven thousand eight hundred dollars, the value of certain personal property charged to have been taken and destroyed by the Bannock.and Piute Indians during the month of June, 1818, in Happy Talley, in the State of Oregon. Subsequently they filed an amended petition. ' In that it was alleged that the Bannock and the Piute Indians were “in amity with the United States” at the time of the taking and…

1Opinion of the CourtJustice Brewer

This case, like that of Johnson v. United States, 160 U. S. 546, recently decided, involves a, construction of the Indian Depredation Act of March 3, 1891. The particular language to be considered is that found in the first clause of the act, which grants to the Court of Claims jurisdiction over claims for property “ destroyed by Indians belonging to any band, tribe, or nation, in amity with the United States.” The seventh finding negatives the existence of amity, and if this stood alone there would be no room for discussion. But, as appears from its terms, it is based upon a series of facts…

2Cases cited1 opinion

  1. Johnson v. United StatesSupreme Court of the United States · 1896

3Cited by24 opinions

  1. United States v. Alcea Band of TillamooksSupreme Court of the United States · 1946
  2. Montoya v. United StatesSupreme Court of the United States · 1901
  3. United Shoe Workers of America, Afl-Cio v. Catherine Bedell, ChairmanCourt of Appeals for the D.C. Circuit · 1974
  4. Laura Hebah, Administratrix, in the Matter of the Estate of Robert Hebah, Deceased v. The United StatesUnited States Court of Claims · 1970
  5. Tucker v. United StatesCourt of Appeals for the Sixth Circuit · 1915

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