1 How. Pr. 186 | N.Y. Sup. Ct. | 1845
The Tonawanda reservation, is a tract of land situate in the county of Genesee, well known as such, and as well defined in its location and boundaries by that description as any tract or lot of land in any other part of the state, is known by the number of lots, &c., from which tract by the terms of the rule of the 6th of March, the writ of alternative mandamus should have commanded the judge to issue his warrant to remove the intruders therein complained of. The writ fails to designate that reservation as the premises upon which the persons complained of had intruded. It commands the judge to issue his warrant to the sheriff of Genesee county, commanding him &c. to remove the persons complained of (not from the Tonawanda reservation but) from lands belonging to or occupied by the Tonawanda Indians within the limits of the county of Genesee¡ a clear departure from the terms of the rule in the description of the premises upon which the intrusion complained of had been made, and upon which the judge was required to issue his warrant to remove such intruders; the writ in this respect is clearly bad, not only as unauthorized by the rule, but if the command of the writ should be complied with by the judge, his warrant could not be executed, unless indeed it could be supposed that the sheriff knew the particular lands belonging to or occupied by the Tonawanda Indians within his
Rule accordingly.