Legal Opinion

Thurston v. United States

Supreme Court of the United States

Decided February 24, 1914No. 605PublishedCited by 11 opinions

APPEAL PROM THE COURT OP CLAIMS. The facts, which involve the jurisdiction of the Court of Claims under the Indian Depredation Act of March 3, 1891, and what constitutes a presentation of a claim against the United States for depredations by Indians under the act, are stated in the opinion. The Indian Depredation Act does not require that the word “Indian” should have been used in the petition which was filed in Congress.

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APPEAL PROM THE COURT OP CLAIMS. The facts, which involve the jurisdiction of the Court of Claims under the Indian Depredation Act of March 3, 1891, and what constitutes a presentation of a claim against the United States for depredations by Indians under the act, are stated in the opinion. The Indian Depredation Act does not require that the word “Indian” should have been used in the petition which was filed in Congress. If the words of a law are clear, there can be no construction which will alter the plain meaning of the words themselves. United States v. Temple, 105 U. S. 97, 99; Maxwell…

1Opinion of the CourtJustice Van Devantee

This suit was begun in the Court of Claims in 1892, under the Indian Depredation Act of March 3, 1891, c. 538, 26 Stat. 851, to recover from the United States and the Ute Indians the value of certain personal property alleged to have belonged to appellant’s intestate and to have been taken and destroyed by members of the Ute tribe in 1857. It was also alleged that the claim had been presented to, and was pending before, the House of Representatives in 1877 and 1878. The allegations of the petition were traversed, and a trial resulted in a judgment of dismissal for want of jurisdiction, upon…

2Cases cited1 opinion

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

3Cited by11 opinions

  1. Hercules, Inc. v. United StatesSupreme Court of the United States · 1996
  2. James M. Ellett Construction Company, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1996
  3. Choctaw Nation v. United StatesUnited States Court of Claims · 1940
  4. Alaska Pulp Corp. v. United StatesUnited States Court of Federal Claims · 1997
  5. Northrop Grumman Computing Systems, Inc. v. United StatesUnited States Court of Federal Claims · 2011

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