Martinez v. United States

Supreme Court of the United States December 5, 1904

Martinez v. United States, 40 Ct. Cl. 512 (1904)

Opinion of the Court

*513The decision of the court below is reversed on the ground that under the Indian depredation act a tribe of Indians not originally named in the petition can not be brought into the action by amended petition after the expiration of the jurisdictional period for bringing such actions in the Court of Claims.

Mr. Justice Day delivered the opinion of the Supreme Court, December 5, 1904.

Mr. Justice White read a dissenting opinion, in which Mr. Justice McKenna concurred.

Reference

Full Case Name: JUAN B. MARTINEZ, Admr. v. THE UNITED STATES AND THE KIOWA INDIANS
Status: Published
Syllabus: On the defendants’ Appeal. Claimant brings suit October 24, 1891, against the United States and the Ute tribe of Indians. On November 4, 1902, the claimant files a motion for leave to amend his petition by substituting the Kiowa Indians for the Utes, which is allowed, overruling the defendants’ plea in bar On the trial the court gives judgment for the claimant.