Bertrand v. Doyle’s Empirical Analysis
36 F.2d 351 · 1929
Citation profile
3 federal appellate · 3 state decisions
How this case has been cited
Cited by 7 later decisions — most recently August 2016
3 federal appellate · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 25 U.S.C. § 372
Relies on Hallowell v. Commons · Lane v. United States ex rel. Mickadiet · United States v. Bowling · Henrietta First Moon v. Starling White Tail
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When any Indian to whom ah allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said, allotment as hereinafter provided, the Secretary of the Interior, upon notice and hearing, under the Indian Land Consolidation Act [ 25 U.S.C.A. § 2201 et seq.] or a tribal probate code approved under such Act and pursuant to such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decisions shall be subject to judicial review to the same extent as determinations rendered under section 373 of this title.”
2 later decisions quote this exact passage · from the majority“the BIA's conclusive right to determine heirs relates to all questions of heirship” and is not subject to review by the circuit court. Neither lends support to Appellants’ position as both involve determination of heirship in trust lands. The court in Bertrand stated, "The Act [ 25 U.S.C. § 372 ] clearly applies to both past and future allotments and to all questions of heirship of the allottee arising within the trust period.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.