25 U.S.C. § 346

Proceedings in actions for allotments

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The plaintiff shall cause a copy of his petition filed under section 345 of this title, to be served upon the United States attorney in the district wherein suit is brought, and shall mail a copy of same, by registered letter, to the Attorney General of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the United States attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counterclaim, set-off, claim for damages, or other demand or defense whatsoever of the Government in the premises: Provided, That should the United States attorney neglect or refuse to file the plea, answer, demurrer, or defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises; but the plaintiff shall not have judgment or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfactory to the court.

Notes of Decisions

Cited in 5 cases, 1967–1994 · leading case: Jacob Wallace Antoine, on His Own Behalf and Also on Behalf of His Relatives Similarly Situated v. United States

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Jacob Wallace Antoine, on His Own Behalf and Also on Behalf of His Relatives Similarly Situated v. United States (1981) ca8 “Section 346 provides that the United States Attorney is to answer claims under section 345 by, inter alia, filing “a notice of any counterclaim, set-off, claim for damages, or other demand or defense whatsoever of the Government in the premises.”

Jicarilla Apache Tribe v. Board of County Commissioners (1994) nm “Section 345 provides that federal district courts are given jurisdiction to try and determine any action, suit, or proceeding arising within their respective jurisdictions involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land…”

Mary C. Vicenti, Individually and on Behalf of All Others Similarly Situated v. United States (1972) ca10 “There are differences between this case and Harkins , and Harkins does not deal with the forceful argument that the set-off provision in the companion statute — 25 U.S.C.A. § 346 — shows that Congress contemplated at least that some claims for damages may be entertained in suits…”

Iris Bird Bear and Rosalie Bird Bear (A/k/a Rose Chavarria) v. McLean County (1975) ca8 “The United States was notified of this suit by the mailing of the complaint and summons by registered mail to the Attorney General of the United States, but the United States Attorney for the District of North Dakota was not served as required by 25 U.S.C. § 346 (1970). That…”

Finch v. United States (1967) okwd “760 , as amended; 25 U.S.C. § 346 . . 25 U.S.C. § 345 . . 48 Stat.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.