De Baca v. United States
United States Court of Claims
The Reporters' statement of the case. The following are the facts of the case as found by the court: I. At the time of the depredation alleged in petition No. 3815, to wit, December 15,1848, the claimant was not a citizen of the United States. II.
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The Reporters' statement of the case. The following are the facts of the case as found by the court: I. At the time of the depredation alleged in petition No. 3815, to wit, December 15,1848, the claimant was not a citizen of the United States. II. At the time of the depredation alleged in petition No. 3814, to wit, July 10, 1849, by the defendant Indians in the Territory of New Mexico, the claimant was a citizen of the United States, he not having, pursuant to article 8 of the treaty of 1848 (9 Stat. L., p. 922, 929), declared his intention to retain the title and right of a Mexican citizen…
1Opinion of the CourtPeelle, J.
The question of the citizenship of the claimant’s decedent at the time one of the depredations set forth in the petition was committed was presented to the court at the last term by the defendants’, motion for a new trial and decided adversely to the claimants. (36 C. Cls. R., 407.) Upon the recent trial of the case the question wras again presented to the court by an elaborate argument, in which a new ground was set up by claimants’ counsel. That ground was that the claimants’ decedent was born in 1809 in the Mexican province of New *490Mexico, then within the limits of the Louisiana purchase.…
2Cases cited5 opinions
- Downes v. BidwellSupreme Court of the United States · 1901
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
- De Baca v. United StatesUnited States Court of Claims · 1901
3Cited by1 opinion
- Pino v. United StatesUnited States Court of Claims · 1903