Brought v. Cherokee Nation

Citations

• 129 F. 192
• 63 C.C.A. 350
• 1904 U.S. App. LEXIS 4034

Syllabus

<p>1. Indians — Suit to Dispossess Intruder on Lands of Tribe — Parties.</p> <p>A suit under Act June 28, 1898 (30 Stat. 495, c. 517), to dispossess an intruder on lands owned by an Indian tribe or nation, although brought by a member of the tribe, as permitted by such act, when the tribe fails or refuses to bring it, is based primarily on the right of the tribe, .and the court may properly permit it to be substituted as plaintiff, and to allow the name of the original plaintiff to be stricken out, with his consent.</p> <p>2. Same — Pleading—Verification of Complaint.</p> <p>It is sufficient compliance with the requirement of such act that a “sworn complaint” shall be filed if the complaint is verified by the authorized attorney of the tribe or nation which is plaintiff, who states that the facts alleged are within his knowledge.</p> <p>3. Judgment — Conformity to Pleadings — Excessive Damages.</p> <p>A judgment for damages in a sum greater than is alleged or prayed for in the complaint cannot be sustained, although it may be supported by the evidence.</p> <p>4. Indians — Suit to Dispossess Intruder on Lands — Pleading.</p> <p>Where the defendants in a suit by an Indian tribe to dispossess an intruder on its lands and recover damages for wrongful detention do not plead the value of their improvements, or ask to recover for the same, the court is without authority to set off such value against the damages awarded plaintiff.</p>