Document Type

Article

Publication Date

10-10-2006

Abstract

In the Blackfeet Tribal Court of Appeals, the Court considering a dispute over the pasturing of cattle longer than the original contract terms. While the original two-month contract was in writing, both parties agree that a verbal contract, with terms, covered the next two months. Cattle was lost and Defendant countersued for the loss of cattle. On Appeal, the Court determined that the lower court judge should have recused himself because he briefly represented the plaintiff in this matter before becoming judge. The Findings of fact were not supported by substantial credible evidence, and the pro se plaintiff, who did not call witnesses, should have sought representation. The Court warned against “gentleman's agreements” for pasturing cattle because of issues that commonly arise, such as in this case with the missing and dead cattle.

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