Rex v. United States

Citations

• 55 Ct. Cl. 511
• 53 Ct. Cl. 320

Syllabus

<p>Judgment was rendered in favor of the defendants in the court below. On appeal the judgment was affirmed, and the Supreme Court decided:</p> <p>The primary intent of the act of January 11, 1915, e. 7, 38 Stat., 791, amending the Indian depredation act, was to remove the defense of alienage, and it is only cases dismissed on that ground that it provides for reinstating.</p> <p>Assuming that, by omitting the word “band” from section 1 of the original act, the amendment recognized claims for depredations by hostile bands of friendly tribes, a claim of a citizen previously dismissed because the depredating band was hostile, though the tribe was not, is not subject to reinstatement under the amendment; and, treated as a new claim, it is barred by the three years’ limitation ot the original act.</p>