James Madison Morton Jr.
Judge Morton no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Morton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Allows compensation to creditors’ counsel when the work was reasonably necessary and helped produce the final reorganization result.
“While attorneys’ fees should always be sharply scrutinized and not allowed unless reasonably necessary and helpful in the final result, where those two conditions are met we think a reasonable fee for creditors as well as for debtors should be allowed.”
Requires a reorganization plan to be fair, nondiscriminatory, and feasible rather than dependent on a speculative appraisal.
“A plan may not be confirmed if it is not fair and equitable, or if it discriminates in favor of one class of creditors or stockholders or is not feasible.”
Procedural preferences
Requires a concrete, fair-minded reason before an administrative tribunal rejects consistent and uncontradicted sworn testimony.
“to reject sworn, consistent, unimpeaehed, and uneontradicted testimony, there must be a real reason which would be regarded as adequate by fair-minded persons.”
Treats removal proceedings as preliminary inquiries that must protect against mistaken identification without becoming full trials.
“Modern conspiracy indictments in which sometimes scores of persons are named as defendants in a single indictment approach mass prosecution and create grave danger that by mistake innocent persons may be named as defendants. In such cases it is the commissioner’s duty to ascertain whether there is reasonable probability of guilt as to the person before him.”
Cautions
Reserves preliminary injunctions in doubtful patent cases for extraordinary hardship rather than ordinary competitive injury.
“only the most extreme and unusual hardship to the plaintiff, if the defendant be not enjoined, justifies a temporary injunction.”
Demands stronger proof of invention when a patent would burden an article already in common use.
“just to the public that the patentee establish the presence of invention with a degree of certainty bearing some reasonable relation to the extent and burden of the monopoly which he claims.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The order of the District Court is affirmed, with costs to the appellee.”
“The appeal is dismissed; no costs.”
“The decision of the Board of Tax Appeals is reversed and the case is remanded to that Board for further proceedings not inconsistent with this opinion.”
“The judgment of the District Court is reversed, the verdict is set aside and the case is remanded to that court for a new trial.”
“The decree of the District Court is affirmed with costs to the appellee in this court.”
“The decree of the District Court is affirmed, with costs.”
“The decree of the District Court is affirmed, with costs.”
“The judgment of the District Court is affirmed with costs.”
“The decree of the District Court is affirmed.”
“The decree of the District Court is vacated, and the case is remanded to that court, with directions to enter a decree for the petitioners in the sum of $1,500, with costs to the appellants.”
“The judgments of the District Court are affirmed, with costs.”
A historical record
Judge Morton 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.