Crawford & Seat v. Waterson
Supreme Court of Florida
This was an action of trespass on the case. The injury complained of, was the unlawful seizure and tailing away of sixty thousand feet of lumber.
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This was an action of trespass on the case. The injury complained of, was the unlawful seizure and tailing away of sixty thousand feet of lumber. The allegation in the first count of the declaration is, “ that under the authority of the Quarter Master of the United States, they received permission to cut lumber off the military reserve, and in pursuance of such order, they did cut sixty thousand feet of lumber, when defendant, without authority, took the same and held the same in his custody until sold.” The second count alleges that “ when the seizure was mad'e, the plaintiffs cleared by…
1Opinion of the CourtBaltzell, C. J.
This was an action of trespass on the case, instituted by the plaintiffs to recover damages for the injury sustained by them in the unlawful seizure and sale of a quantity of lumber.
The defendant demurred to the declaration, assigning various grounds of objection.
The Court sustained the demurrer and dismissed the case, on the ground “ that the Court had no jurisdiction, for the reason that the cause of action originated exclusively under the laws and regulations of the United States.”
We are clearly of opinion that for an injury to and damages sustained by a party, the proper remedy and…
2Cases cited1 opinion
- Commonwealth v. GillSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Haines v. Lone Star Shipbuilding Co.Supreme Court of Pennsylvania · 1920
- Leonard v. Nat Harrison Associates, Inc.District Court of Appeal of Florida · 1960