Duran v. United States
United States Court of Claims
On the Proofs. The Reporters’ statement of tbe case: As tbe proper Indian defendants were not before tbe court no findings of fact were filed in tbis case. Tbe order remanding tbe case and directing a change of parties will be found in tbe opinion of tbe court. Mr. A. J. Willard and Mr. Willicmi B. King for tbe claimant.
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On the Proofs. The Reporters’ statement of tbe case: As tbe proper Indian defendants were not before tbe court no findings of fact were filed in tbis case. Tbe order remanding tbe case and directing a change of parties will be found in tbe opinion of tbe court. Mr. A. J. Willard and Mr. Willicmi B. King for tbe claimant. Mr. Lincoln B. Smith (witb wbom was Mr. Assistant Attorney r General Howry) for tbe defendants: Tbe claimant can not amend tbe petition so as to substitute tbe Navajo tribe as a party defendant, since tbis would be equivalent to commencing a new suit, and would therefore be…
1Opinion of the CourtNott, J.
This suit is brought against the United States and the Apache Indians. It should have been brought against the United States and the Navajoes. The error was an oversight of the attorney, for it appeared on the face of the evidence in the Department of the Interior that the alleged depredation was committed by the Navajoes and not by the Apaches. The suit was brought eighteen months before it would have been barred by the jurisdictional clause of the statute, but the misjoinder of parties was not set up by the defendants until after the jurisdictional period for bringing such suits had…
2Cases cited5 opinions
- Thomas's administrator v. United StatesUnited States Court of Claims · 1879
- Woolverton v. United StatesUnited States Court of Claims · 1894
- Eastern Band of Cherokee Indians v. Cherokee Nation WestUnited States Court of Claims · 1883
- Gorham v. United StatesUnited States Court of Claims · 1894
- Pelfrey v. Adjutant GeneralWest Virginia Court of Claims · 1950
3Cited by5 opinions
- Johnston Broadcasting Co. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1949
- Askins v. United StatesUnited States Court of Claims · 1915
- Gallegos v. United StatesUnited States Court of Claims · 1903
- Salois v. United StatesUnited States Court of Claims · 1896
- Gallegos v. United StatesUnited States Court of Claims · 1903