Overview
Case summary
Francis Salois brought a claim against the United States and the Sioux Indians for three separate property depredations. The Court of Claims held that it lacked jurisdiction over the first claim because the Sioux tribe was at war with the United States at the time of the incident, rendering the Indian indemnity statutes inapplicable. The second claim was dismissed for insufficient evidence, as the only proof was an unsupported witness account of a moccasin footprint. Regarding the third claim, the court found a variance between the allegation of Sioux depredation and the evidence suggesting Cheyenne involvement, but granted the claimant leave to amend the petition to name the Cheyennes as parties.
Abstract
Claimant brought claims against the United States and Sioux Indians for three property depredations. The court dismissed the first claim for lack of jurisdiction due to the tribe being at war, the second for insufficient evidence based solely on a witness account of a footprint, and found a variance in the third between alleged Sioux involvement and evidence pointing to Cheyennes. The court granted leave to amend the petition to name the correct Indian parties as defendants within thirty days, suspending proceedings in the interim.
Legal categories
Case record
Issues & holdings
de novo
The court lacks jurisdiction because the Indian indemnity statutes do not apply when amity has ceased and war has begun.
de novo
The evidence was insufficient and unsupported by other proof.
de novo
The court allowed the claimant to amend the petition to bring in the correct parties.
Holdings of the court
Timeline
No timeline recorded.
Facts & evidence
Key facts
4 facts- Claimant alleged three separate Indian depredations.
- First depredation: 1867 at Bridges Ferry, North Platte, by Sioux Indians; tribe was at war with the US at the time.
- Second depredation: 1873, theft of three horses; evidence limited to one witness observing a moccasin footprint.
- Third depredation: 1870 near Fort Robinson, Nebraska; alleged as Sioux, but evidence suggested Cheyennes.