Robert Tait Ervin
Judge Ervin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ervin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He required a rational connection between the charged conduct and federal revenue duties before allowing officer removal, but did not require the officer to plead guilty to the state charge.
“the act. or acts done by petitioner on said occasion were in performance of his official duties as a revenue officer”
He treated the substance and maritime character of a service as more important than whether part of the work occurred on dry land.
“The nature and character of the contract and of the service have always appeared to me to be sounder guides for determining the question.”
He protected statutory maritime remedies from state-law variations that would undermine national uniformity.
“Congress had no power to deprive the District Courts' of their jurisdiction to pass upon all maritime torts”
He located admiralty tort jurisdiction where the injury and damage occurred, rather than where the negligent act originated.
“it is the place where the injury was sustained which gives the court jurisdiction, regardless of where the negligent act was done”
Procedural preferences
He would depart from a respected predecessor's ruling when the reasons did not support it.
“I feel that I should not be controlled by any admiration or respect I may have for him in making my ruling, but only by the reasons he may give for such ruling.”
He construed the Seamen's Act as protecting the full wages earned at the time of demand, not merely wages earned after arrival in an American port.
“the act gives to every seaman the right to demand from the vessel at each port where such vessel, during her voyage, loads or delivers cargo, one-half'of such wages as the seaman shall, at the time of such demand, have earned”
He applied statutory language strictly when Congress emphasized that protected liens extended only to present consideration.
“Congress having been so particular, not only to use ‘to the extent of such present consideration,’ but then added the additional term ‘only,’”
He allowed a final decree and taxable fee after payment into court rather than letting the defendant force a voluntary dismissal.
“I know of no power on the part of the defendant to control the conduct by the libelant of his cause”
Cautions
A partner seeking bankruptcy against a nonassenting partner had to use the involuntary procedure and satisfy its pleading requirements.
“A decree will therefore be.entered sustaining the demurrer to the petition.”
He enforced the statutory deadline for a removing party to plead, answer, or demur after the record entered federal court.
“As the party removing filed no pleadings within the time required by the statute, he has failed to comply with it”
Criminal conspiracy required collaboration or shared interest in the unlawful act, not merely parallel illegal conduct.
“It Is not a community of crime by several that makes them conspirators, but a community of interest in some crime.”
He denied a state exemption when the bankrupt's family, residence, voting, and business ties did not establish Alabama domicile.
“It does not appear to me that this conduct under these circumstances would change his residence or domicile.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the motion to remand will therefore be denied.”
“As to Erik Sandberg, Carl Jannson, S. K. Benjaminsen, and John Perannen, they are hereby discharged from the steamship Talus, and decrees will be entered in their behalf against said vessel for the amounts found due them.”
“I am, therefore, of the opinion that the libelants are entitled to recover, and a decree will be entered accordingly”
“its issuance in this case was not improvident, but that such writ was properly issued.”
“An order will therefore be entered, overruling the motion.”
“the demurrers are therefore overruled.”
“the same is hereby denied, and the ruling of the referee is affirmed.”
“To this extent, therefore, I think the referee erred.”
“I think the referee was correct in disallowing the attorney’s fee”
“the case should not be dismissed, but should be continued until the conclusion of peace”
“the motion to dismiss should be denied.”
“The demurrers to the plea in abatement will therefore be overruled.”
Caseload & timing
From public federal docket records for this judge.
The located published decisions cover admiralty, bankruptcy, federal criminal pleading, removal, railroad disputes, wartime claims, and jurisdiction. They do not establish the distribution of Ervin's full caseload.
A historical record
Judge Ervin 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.