Legal Opinion

Cotton v. United States

Supreme Court of the United States

Decided January 22, 1851PublishedCited by 104 opinions

This case was brought up, by writ of -error, from the District Court of the United States for the Northern District of Florida.

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This case was brought up, by writ of -error, from the District Court of the United States for the Northern District of Florida. It was - an action of trespass quare clausum fregit, brought by the United States,/or cutting, trees upon the public lands, commenced in the Superior Court of West Florida in T844, to which the defendant pleaded not guilty on the 26th. of March, .1845. The cause remained pending in said court' until the 15th of January, 1848, when, in pursuance of the act of the 22d of February, 1847, ch. 17, § 8, it was transferred to the United States District Court for the'…

1Opinion of the CourtJustice Grier

This is an action of trespass .guare clausum fregit brought by the United States against Loftin Cotton, in which he is charged with cutting and carrying away a large number of pine and juniper trees from the lands of plaintiff.

On the trial below', the counsel for defendant requested the court to" instruct the jury, 1st. “ That the only remedy for the United States for cutting pine timber on the public lands was by indictment.” 2d. “ That the United States have no common law remedy for private wrongs.” The refusal by the court to give these instructions is now alleged as error.

Every sovereign…

2Cases cited2 opinions

  1. United States v. Bank of the MetropolisSupreme Court of the United States · 1841
  2. Dugan v. United StatesSupreme Court of the United States · 1818

3Cited by104 opinions

  1. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  2. United States v. Standard Oil Co. Of CaliforniaSupreme Court of the United States · 1947
  3. Rex Trailer Co. v. United StatesSupreme Court of the United States · 1956
  4. Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
  5. Pfizer Inc. v. Government of IndiaSupreme Court of the United States · 1978

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