144 N.Y.S. 885 | N.Y. Sup. Ct. | 1913
An action was commenced in the Peacemakers’ Court of the Cattaraugus Indian Reservation to partition certain lands on the Cattaraugus Reservation, resulting in a judgment in favor of the plaintiffs. The relators appealed to the council of the nation, where the judgment was affirmed, and the prem
As we gather from the moving papers the proceeding has passed into final judgment in the Peacemakers’ Court, has been affirmed by the council of the nation, and now nothing remains but the carrying of the judgment into execution, and this court is asked to intervene by a writ of prohibition and prevent the sale of the land. The relators contend that the Peacemakers’ Court has no jurisdiction of the subject-matter of the action, while the defendants contend that this court is without jurisdiction to grant the writ asked for, and that the Peacemakers’ Court has exclusive jurisdiction of the subject-matter.
The writ of prohibition is an extraordinary writ, issuing out of a superior court, directed to the- judge and parties of a suit in an inferior court, commanding them to cease from the prosecution thereof, upon a suggestion that either the cause originally or some collateral matter arising therein is beyond the jurisdiction of the court. 23 Am. & Eng. Ency. of Law, 195. But is this court a superior court, with jurisdiction to restrain the Peacemakers’ Court? The Indians are not citizens of this state; they occupy in many respects the position of an independent nation, and it was held in Jimeson v. Lehley, 51 Misc. Rep. 352, that a court of equity was without jurisdiction to interfere with letters of administration granted by the Indian Surrogate’s Court, and I am of the opinion that it has no greater authority in the. case now under consideration. In. Worcester v. State of Georgia, 6 Pet. 557, the court, after referring to various acts of legislation, says: “All these acts, and especially that of 1802 which is still in force, manifestly consider the several
The motion should be denied, with ten dollars costs.
Motion denied, with ten dollars costs.