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Montoya v. United States, 180 U.S. 261 (1901)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Montoya v. United States, 180 U.S. 261 (1901)
Montoya v. United States No. 43 Argued December 14, 17, 1901 Decided February 11, 1901 180 U.S. 261
APPEAL FROM THE COURT OF CLAIMS
Syllabus
The object of the Indian Depredation Act is to enable citizens whose property has been taken or destroyed by Indians belonging to any band, tribe or nation in amity with the United States to recover a judgment for their value both against the United States and the tribe to which the Indians belong, and which by the act is made responsible for the acts of marauders whom it has failed to hold in check. If the depredations have been committed by the tribe or band itself, acting in hostility to the United States, it is an act of war for which there can be no recovery under the act.
Where a company of Apache Indians who were dissatisfied with their surroundings left their reservation under the leadership of Victoria, to the number of two or three hundred, became hostile, and roamed about in Old and New Mexico for about two years, committing depredations and killing citizens, it was held that they constituted a "band" within the meaning of the act, that they were not in amity with the United States, and that neither the government nor the tribe to which they originally belonged were responsible for their depredations.
This was a petition by the surviving partner of the firm of E. Montoya & Sons against the United States and the Mescalero Apache Indians for the value of certain livestock taken in March, 1880, by certain of these Indians, known as Victoria’s Band.
The Court of Claims made the finding of facts set forth in the margin.
Upon these findings of fact, the court decided as a conclusion of law that the petition be dismissed. 32 Ct.Cl. 349. Claimant appealed.
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Chicago: U.S. Supreme Court, "Syllabus," Montoya v. United States, 180 U.S. 261 (1901) in 180 U.S. 261 180 U.S. 261astS">GO>* "180 U.S. 262–180 U.S. 263. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=5GMZAFBCDDQN837.
MLA: U.S. Supreme Court. "Syllabus." Montoya v. United States, 180 U.S. 261 (1901), in 180 U.S. 261, pp. 180 U.S. 261astS">GO>* "180 U.S. 262–180 U.S. 263. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=5GMZAFBCDDQN837.
Harvard: U.S. Supreme Court, 'Syllabus' in Montoya v. United States, 180 U.S. 261 (1901). cited in 1901, 180 U.S. 261, pp.180 U.S. 261astS">GO>* "180 U.S. 262–180 U.S. 263. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=5GMZAFBCDDQN837.
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