Legal Opinion

French v. United States

United States Court of Claims

Decided February 9, 1914No. 8307Published

On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The claimant, M. H. French, as administrator of Emma B. French, deceased, his wife, and in his individual capacity having been admitted as a party to the suit, was at the date of the alleged depredation a citizen of the United States, and his said wife, Emma B. French, was also a citizen of the United States at said time. II.

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On the Proofs. The Reporter’s statement of the case: The following are the facts of the case as found by the court: I. The claimant, M. H. French, as administrator of Emma B. French, deceased, his wife, and in his individual capacity having been admitted as a party to the suit, was at the date of the alleged depredation a citizen of the United States, and his said wife, Emma B. French, was also a citizen of the United States at said time. II. Indians of the Apache Tribe, then in amity with the United States, in Apache County, Ariz., on or about the 1st day of September, 1881, took and…

1Opinion of the CourtCampbell, Chief Justice

This suit is brought under the Indian depredation act of 1891 (26 Stat. L., 851), which is entitled “An act to provide for the adjudication and payment of claims arising from Indian depredations.” Speaking of this act, Nott, Ch. J., in the Welch case, 32 C. Cls., 109, says: “ It affords a remedy *341for already existing claims, but neither defines them nor creates new liabilities against Indians.” To the same effect are Jaegar case, 38 C. Cls., 214-217; Merchant case, 35 ib., 403-405; McCoy case, 38 ib., 163; Sayt case, 38 ib., 455; Thomison case, 35 ib., 395.

By these and other cases which might…

2Cases cited11 opinions

  1. Knight v. United States Land Assn.Supreme Court of the United States · 1891
  2. Cragin v. PowellSupreme Court of the United States · 1888
  3. Grisar v. McDowellSupreme Court of the United States · 1868
  4. In Re WilsonSupreme Court of the United States · 1891
  5. Shipp v. Miller's HeirsSupreme Court of the United States · 1817

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