Legal Opinion

McKee v. United States

United States Court of Claims

Decided December 6, 1897No. Indian Depredations, 829Published

The Reporters’ statement of the case: Defendants’ motion under Revised Statutes, 1088, raised the question whether the Comanche Indians were in amity with the United States when the'depredation was committed.

1Opinion of the CourtPeelle, J.

The question presented arises on the defendants’ motion'for a new trial under Revised Statutes, section 1088.

*100The case is prosecuted under the Indian depredation act, March 3,1891 (26 Stat. L., 851).

The facts disclosed by the averments in the petition are briefly these:

October 25,1860, the claimant, a citizen of the United States, residing in Palo Pinto County, Tex., was the owner of a large herd of horses and colts, and on said date, early in the morning, Comanche Indians took and drove away, without the claimant’s consent, 141 head of said stock, valued at $14,200, and never returned or paid…

2Cases cited3 opinions

  1. Tully v. United StatesUnited States Court of Claims · 1896
  2. Graham v. United StatesUnited States Court of Claims · 1895
  3. Montoya v. United StatesUnited States Court of Claims · 1897

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