Seneca Nation of Indians v. Hammond
New York Supreme Court
APPEAL by defendant from an order at the special term sustaining a demurrer to the answer. The action was brought by the Seneca Eation of Indians against George Hammond.
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APPEAL by defendant from an order at the special term sustaining a demurrer to the answer. The action was brought by the Seneca Eation of Indians against George Hammond. The complaint alleged as a cause of action the unlawful purchase and carrying away from the Cattaraugus reservation of a quantity of cord wood contrary to the provisions of Laws 1847, chapter 365, and demanded judgment for twice the value of the property taken. , The defendant for answer denied the allegations of the complaint and further alleged, that in June, 1873, certain Indians, members of the Seneca Nation and tribe,…
1Opinion of the CourtBarker, J.
It is averred in the plaintiffs’ complaint that the defendant unlawfully entered upon the reservation of lands belonging to them and cut and carried away standing trees and timber, and they seek to recover- double the value of such trees and timber in pursuance of the provisions of section 22 of chapter 365, Laws of 1847.
In the second clause of his answer, the defendant pleads as his ■justification and defense that the lands from which he cut and took the wood and timber in question 'were that part and portion of the plaintiffs’ reservation of lands which is situated in the town of Brant in…
2Cases cited2 opinions
- Williams v. PotterNew York Supreme Court · 1848
- Blacksmith v. . FellowsNew York Court of Appeals · 1852