Eastern Cherokees v. United States
225 U.S. 572 (1912)

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U.S. Supreme Court

Eastern Cherokees v. United States, 225 U.S. 572 (1912)

Eastern Cherokees v. United States

No. 234

Argued April 30, May 1, 1912

Decided June 7, 1912

225 U.S. 572

Syllabus

In rendering a judgment for the Cherokee Nation in its suit against the United States on the item claimed by, and over the objection of, the Eastern Cherokees, the Court of Claims recognized the Nation a the titular claimant authorized to prosecute the item to recovery, although for the ultimate benefit of the Eastern Cherokees, and this Court having affirmed the judgment, 202 U. S. 202 U.S. 1, the question has been adjudicated.

Under the decree of the Court of Claims as affirmed by this Court, the attorneys for the Cherokee Nation are entitled to be paid their fees

Page 225 U. S. 573

on the amount of the recovery, including the items recovered in the name of the Nation for the Eastern Cherokees.

After this Court has reviewed the judgment of the Court of Claims and affirmed it, the Court of Claim, like any other court whose judgment has been reviewed by this Court, must give effect to it and carry it into effect according to the mandate, without variation or other further relief. In re Sanford Fork & Tool Co.,160 U. S. 247.

45 Ct.Cl. 104 affirmed.

The facts, which involve certain phases of the claims of the Cherokee Indians against the United States and the relative interests therein of the Cherokee Nation and the Eastern Cherokees, are stated in the opinion.

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