Legal Opinion

Eastern Cherokees v. United States

United States Court of Claims

Decided January 17, 1910No. 23214PublishedCited by 2 opinions

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The original petition in case No. 23199 was filed in this court by the Cherokee Nation on February 20, 1903, by its attorneys, Finkelnburg, Nagel & Kirby and Edgar Smith, under a certain contract bearing date January 16, 1903, as follows: “ Know all men by these presents, that this contract, executed and approved in the manner prescribed in sections 2103 to 2106, both…

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The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The original petition in case No. 23199 was filed in this court by the Cherokee Nation on February 20, 1903, by its attorneys, Finkelnburg, Nagel & Kirby and Edgar Smith, under a certain contract bearing date January 16, 1903, as follows: “ Know all men by these presents, that this contract, executed and approved in the manner prescribed in sections 2103 to 2106, both inclusive, of the Revised Statutes of the United States, and in the pursuance of the provisions of section 68 of an act of…

1Opinion of the Court

Peelle, Ch. J.,

delivered the opinion of the court:

The court is asked to construe its decree herein respecting the right and authority of the Secretary of the Interior or of the Treasury Department to apply any part of the money appropriated to pay said decree to the payment of fees to the attorneys of the Cherokee Nation after the Supreme Court had affirmed the decree in the name of the Cherokee Nation, though directing that the money arising thereunder be paid to the Eastern Cherokees.

By section 68 of the act of July 1, 1902 (32 Stat. L., 726), jurisdiction was conferred on the Court of…

2Cases cited5 opinions

  1. In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
  2. In Re PottsSupreme Court of the United States · 1897
  3. Gaines v. RuggSupreme Court of the United States · 1893
  4. Parks v. BoothSupreme Court of the United States · 1880
  5. Ex Parte the Union Steamboat CompanySupreme Court of the United States · 1900

3Cited by2 opinions

  1. Eastern Cherokees v. United StatesSupreme Court of the United States · 1912
  2. McMurray v. Choctaw Nation of IndiansUnited States Court of Claims · 1926

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