Ma-Ka-Ta-Wah-Qua-Twa v. Rebok

Citations

• 111 F. 12
• 1901 U.S. App. LEXIS 4359

Syllabus

<p>1. Jurisdiction of Federal Courts—Federal Question.</p> <p>An action by a tribal Indian against the agent of bis tribe for causing plaintiff’s arrest upon a false charge of violating the laws of the United States and for fraudulently securing his conviction, the issue being whether plaintiff was in fact guilty of the offense charged, is one arising under the laws of the United States, of which a federal court has jurisdiction.1</p> <p>2. Limitation—Action for Malicious Prosecution.</p> <p>Plaintiff brought an action for damages, alleging in his petition that defendant caused his arrest and indictment on a false charge of violating the laws of the United States, and by misrepresenting the facts to the court, and by his representations to plaintiff, who was a tribal Indian, and could not read or speak the English language, procured the entry of a plea of guilty on which plaintiff was sentenced to the penitentiary. The court had jurisdiction of the crime charged and of the defendant in the indictment, and its sentence was lawful on the plea entered. Helé, that the action was not one for false imprisonment, but in effect one for malicious prosecution, against which limitation ran from the date of the arrest, and not from the expiration of the term of imprisonment.</p>