Oscar Richard Hundley
Judge Hundley no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hundley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Hundley read federal statutes to preserve their evident purpose rather than adopt a construction that would make evasion easy.
“I cannot assent to such an unreasonable construction of this statute.”
He treated preservation of the bankruptcy estate as authority to sell property that would otherwise lose its value while held by a receiver.
“To permit the property to deteriorate and become worthless while in the hands of the receiver would surely not be to carry out the intent and purpose of that section of the bankrupt law.”
Procedural preferences
Hundley required parties to challenge bankruptcy orders through review procedures rather than disregard them.
“Disobedience is not the proper method of contesting the validity of the order of the bankrupt court.”
He limited summary bankruptcy sales to circumstances showing that an immediate sale was needed to preserve value.
“This, however, is a matter within the sound discretion of the court, to be exercised only upon such showing as will satisfy the court that the immediate sale is necessary to preserve its value.”
Cautions
Hundley denied a fee share where lawyers for petitioning creditors also represented the receivers, treating the dual role as incompatible.
“There is another reason why these attorneys for the first petitioning creditors, Messrs. Percy & Benners, are not entitled to share in the fee allowed by statute for petitioning creditors.”
He viewed lawyers as officers of the court when evaluating a request for appointed representation and pauper status.
“Lawyers are, to some extent, a part of the court itself. They are, at any rate, officers *801of the court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ordered to pay a fine of $25”
“It is further ordered that said W. C. McCarty do stay, or cause to be' stayed, the proceedings now pending in the inferior court of Birmingham, Ala., .against Henry Mustin, the bankrupt, until the question of said bankrupt’s discharge arises, or until the further orders of this court.”
“The petition for review of the finding of the referee, and to set aside the same, is therefore denied, and his action in directing the sale of the property is affirmed.”
The published text preserves Hundley’s jury instructions but not the jury’s verdict: “If you do not so find, you will render your verdict for the defendant.”
“The motion to strike from the files of this court the information filed in this cause is therefore overruled.”
“It follows, therefore, that the petition of the Sprague Canning Machinery Company cannot be sustained; and it is therefore ordered, adjudged, and decreed, that the same be, and is hereby, dismissed out of this court.”
“the first petition filed by the creditors on the 6th day of June, 1907, and the answer thereto filed by Jacob Epstein, one of the creditors, be, and the same are hereby, referred to the referee in bankruptcy at Birmingham”
“All proceedings and questions in relation to the second petition, and the answer thereto, are held in abeyance until the final hearing on the first petition.”
“The motion to exclude Chisholm as a witness is therefore overruled.”
“the amount of $5,000, as fixed by the special referee herein, is reasonable and proper, and the conclusion of the referee in that respect is approved and affirmed.”
“Messrs. Percy & Benners, are not entitled to share in the fee allowed by statute for petitioning creditors.”
“the attorneys for the second petitioning creditors are entitled to have and receive the sum of $5,000 as the one fee allowed attorneys for petitioning creditors in bankruptcy in this cause”
“For his refusal to comply with this order, he is in contempt of this court, and an order will now be entered committing him to jail until the further orders of this court.”
“The order made by the learned judge, seeking to appoint Alex C. Birch a referee in bankruptcy for this court, was improvidently made, and the same is set aside and annulled, as being without authority of law and absolutely void.”
“The application to amend this petition so that the same shall contain all the allegations of bankruptcy alleged in the second petition is granted.”
“all the proceedings in bankruptcy pending against the Southern Steel Company will be transferred to the Southern division of this district.”
“there being no objections interposed to the consolidation of all the said causes as amended such will be done, and these causes will proceed as one.”
“The Southern Steel Company will be adjudged a bankrupt, and a decree will now be entered in accordance with this opinion.”
“The demurrer, and each and every ground thereof, is overruled.”
Caseload & timing
From public federal docket records for this judge.
No complete case-level docket survives from this tenure, so no caseload mix or timing claim is made.
A historical record
Judge Hundley 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.