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SEUFERT BROS. v. HOPTOWIT

193 Or. 317 (1951)

237 P.2d 949

SEUFERT BROS. COMPANY v. HOPTOWIT ET AL.

Supreme Court of Oregon.

Reversed with directions November 14, 1951.

Petition for rehearing denied December 5, 1951.

Attorney(s) appearing for the Case

Sam Van Vactor argued the cause for appellant. On the brief were Brown & Van Vactor, of The Dalles.

Kenneth R.L. Simmons, of Billings, Montana, argued the cause for respondents. With him on the brief was Maurice W. Seitz, of Portland.

George Neuner, Attorney General, and Cecil H. Quesseth, Assistant Attorney General, both of Salem, filed a brief as amicus curiae, urging reversal.

Before BRAND, Chief Justice, and ROSSMAN, LUSK, LATOURETTE and TOOZE, Justices.

REVERSED WITH DIRECTIONS.

TOOZE, J.

This is a suit for an injunction, brought by Seufert Bros. Company, a corporation, as plaintiff, against Ray Hoptowit, as defendant, to restrain repeated trespasses, and involves certain rights claimed by defendant, as a Yakima Indian, under the provisions of the treaty between the United States and the Yakima (Yakama) tribe of Indians, made June 9, 1855. The suit was dismissed, and plaintiff appeals.

Plaintiff is...

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