Legal Opinion

Mares v. United States

United States Court of Claims

Decided April 2, 1894No. 2591PublishedCited by 3 opinions

The Reporters'1 statement of the case: The motion of the defendants will be found in the opinion of the court. The time fixed by the statute under which this suit is brought, within which the defendants can set up any defense, or the court entertain any motion which operates as a defense, has long since expired.

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The Reporters'1 statement of the case: The motion of the defendants will be found in the opinion of the court. The time fixed by the statute under which this suit is brought, within which the defendants can set up any defense, or the court entertain any motion which operates as a defense, has long since expired. The claimant duly made his election on the 1st day of June, 1892, to accept the amount allowed by the Secretary of the Interior, and at the same time filed his request for judgment; but the defendants did not within sixty days, nor at any time since until the present motion, file any…

1Opinion of the Court

Weldoh, J.,

delivered, tbe opinion of tbe court:

On June 17,1891, the claimant filed a petition, in which he substantially alleged, that in the years 1853 and 1855- the Jacarilla Apache Indians stole and destroyed property of the value of $2,850 belonging to the decedent; that in 1876 the claim was filed in the Interior Department, and that subsequently the said Department allowed the sum of $900 of said claim, and that said amount has not been paid. Upon the 1st day of June, 1892, the claimant filed an amended petition, expressing a willingness to accept the said sum of $900 in full…

2Cases cited1 opinion

  1. Samples v. Division of HighwaysWest Virginia Court of Claims · 2010

3Cited by3 opinions

  1. Moore v. United StatesUnited States Court of Claims · 1897
  2. Crow v. United StatesUnited States Court of Claims · 1896
  3. Labadi v. United StatesUnited States Court of Claims · 1896

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