Montoya v. United States

by Henry Billings Brown

United States Supreme Court

180 U.S. 261

Montoya  v.  United States

 Argued: December 14, 17, 1900. --- Decided: February 11, 1901

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 live stock 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. Messrs. Wm. B. King and Wm. H. Robeson for appellant.

Assistant Attorney General Thompson and Messrs. Kie Oldham and Lincoln B. Smith for appellee.

Mr. Justice Brown delivered the opinion of the court:

Notes