Jackson ex dem. Van Dyke v. Reynolds
New York Supreme Court
IN this, and several other causes, in which Indians alone were the lessors, a motion was made by the defendant to strike out the demises of the Indian lessors in this case, and in the other eases to set aside the proceedings for irregularity, with costs, to be paid by the attorney of the plaintiff. Cady, for the defendant, contended, that by the act relative to the different tribes and nations of Indians, within this state, (sess. 36. ch. 92. s. 1. 2. 27. 2 AT.
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IN this, and several other causes, in which Indians alone were the lessors, a motion was made by the defendant to strike out the demises of the Indian lessors in this case, and in the other eases to set aside the proceedings for irregularity, with costs, to be paid by the attorney of the plaintiff. Cady, for the defendant, contended, that by the act relative to the different tribes and nations of Indians, within this state, (sess. 36. ch. 92. s. 1. 2. 27. 2 AT. R. L. 153.) the Indians, called Stockbridge, Brother town, and Oneida Indians, could enter into no contract whatever, nor sue or be…
1Opinion of the CourtSpencer, J.
A motion has been made in this case, and several others, to strike out the *338names of the Indian lessors; and in the cas~es where they are sole lessors, to stay the proceedings indefinitely.
NEW YORK, October, 1817.
The motion is founded on the principle, that the legislature (2 .W. H. L. 153.) have inhibited all persons from suing or maintaining an action on contract, against any Indian residing on lands reserved to the Oneida Indians', under the penalty o~ treble costs; and that by the 2~th section of the same act, the governor and council of appointment are required to appoint and commission a…
2Cited by4 opinions
- Seneca Nation of Indians v. JimesonNew York Supreme Court · 1909
- Crouse v. New York, Pennsylvania & Ohio RailroadNew York Supreme Court · 1888
- Jemmerson v. KennedyNew York Supreme Court · 1889
- Jemmison v. KennedyNew York Supreme Court · 1889