John Hazelton Cotteral
Judge Cotteral no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cotteral decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He required an alleged conspiracy’s object to amount to an offense carrying a penalty or legal liability.
“The conclusion seems inevitable that the indictment in this case is deficient in not pleading that the defendants had in contemplation some offending to which a penalty or liability attaches.”
He treated a state tax as invalid when its practical effect burdened federally authorized mineral leases directly.
“A consideration of the character and effect of the tax in the case of the plaintiff leads to the conclusion that it so directly bears upon the leases and the rights conferred thereby that it should be declared invalid as a burden upon an instrumentality of the federal government.”
Cautions
He accepted circumstantial evidence of reliance when the request for a financial statement and the later shipment were closely connected.
“But it was competent to establish the fact by circumstantial evidence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The demurrer will therefore be sustained.”
“After a hearing, the plea was denied.”
“A decree will be entered, dismissing .plaintiff’s bill, at his costs.”
“It follows from the foregoing that the discharge should be denied. It will be so ordered.”
“the enforcement of the order should be enjoined by this court.”
“the title of the tribe and allottee and the plaintiff as their trustee to said island and minerals be duly quieted.”
“they be perpetually enjoined from asserting the same or interfering with the possession of the island and production of minerals thereon by the plaintiff and said tribe and allottee”
“The demurrer to the bill in part challenges the averments'thereof which raise the question just decided, and the result is it must therefore be overruled.”
“The exceptions to the answer are well taken, and will be sustained.”
“A final decree will be entered perpetually enjoining the collection or enforcement of the taxes involved in the suit”
“quieting the title of the tribe and the plaintiff, as its trustee, to said portion of the river bed and minerals”
“the lessees and interveners be denied any portion of said funds and be perpetually enjoined from prospecting for or taking oil, gas, or other minerals from such portion of the river bed”
“the leases here in question to that extent be canceled and held for naught.”
A historical record
Judge Cotteral no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.