Legal Opinion

Onondaga Nation v. . Thacher

New York Court of Appeals

Decided December 20, 1901PublishedCited by 5 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 7, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.

1Per curiam

We think the judgment appealed from should be affirmed, upon the ground that neither the Onondaga Nation^ nor the individual Indians named as plaintiffs, had legal capacity to bring and maintain the action. (Strong v. Waterman, 11 Paige, 607; Seneca Nation v. Christie, 126 N. Y. 122; Johnson v. Long Island R. R. Co., 162 ib. 462.)

As to the University of the State of New York, one of the plaintiffs, the finding of fact by the trial judge “ that the University of the State of New York never purchased any or either of the wampum belts mentioned and described in the' complaint, and that said…

2Cases cited2 opinions

  1. Seneca Nation of Indians v. ChristieNew York Court of Appeals · 1891
  2. Strong v. WatermanNew York Court of Chancery · 1845

3Cited by5 opinions

  1. Deere v. State of New YorkDistrict Court, N.D. New York · 1927
  2. Morse v. PenzimerNew York Supreme Court · 1968
  3. Andrews v. StateNew York Court of Claims · 1948
  4. Sutton v. DuntleyAppellate Division of the Supreme Court of the State of New York · 1923
  5. Bailey v. MillerNew York Supreme Court · 1955

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