Scott Wilson

U.S. Court of Appeals for the First Circuit circuit Deceased · served 1929–1942 Appointed by Herbert Hoover (Republican) 25 signed orders read

Judge Wilson no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Wilson decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Protects equitable setoff when the competing claim should not fairly become part of an insolvent bank’s distributable assets.

“We do not think Congress intended by the National Bank Act to deprive depositors of the right of equitable set-off when justice requires it.”

Recognizes an implied trust when the surrounding transaction shows that beneficial ownership was not intended to accompany legal title.

“A trust arises under such circumstances.”

Procedural preferences

Treats an indefinite postponement of a bankruptcy hearing as an abuse of discretion inconsistent with the statute’s demand for prompt resolution.

“the postponement of such hearing to an indefinite date more than three months after the filing of an answer is a clear abuse of the discretion vested in the District Court”

Limits habeas review of immigration findings to procedural fairness and substantial evidence rather than reweighing credibility.

“It is not open to this court on a petition for habeas corpus to consider the credibility of the witnesses or the weight of evidence.”

Cautions

Warns trial judges against personally branding a criminal defendant a liar when commenting on evidence.

“The bald accusation by a presiding judge that a respondent in a criminal ease is a liar is seldom justified”

Will not reopen an administrative tax record for evidence that could have been produced during a lengthy original hearing.

“If hardship is thereby imposed upon the taxpayer, it appears to be the result of its own fault.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Lee v. Commissioner
· 1935-03-09
Appeal (taxpayer petitioner) Granted

“The decision of the Board of Tax Appeals is reversed and the case remanded for further proceedings not inconsistent with this opinion.”

Texas Co. v. Blue Way Lines, Inc.
· 1937-12-08
Appeal (tax-claimant appellant) Granted in part

“The decree of the District Court is affirmed, but without prejudice to the appellant’s right to have its claims classified under section 77B (c) (6) in case liquidation is not ordered; the appellant recovers costs in this court.”

Davila v. United States
· 1931-12-17
Appeal (property-owner appellant) Granted

“The decree of the District Court is reversed, and the bill of complaint ordered dismissed, for want of proof.”

New England Newspaper Publishing Co. v. Bonner
· 1935-05-25
Appeal (newspaper appellant) Denied

“The judgment of the District Court is affirmed, with costs.”

Wise & Cooper Co. v. Commissioner
· 1931-11-21
Appeal (taxpayer petitioner) Denied

“The order of the Board of Tax Appeals is affirmed.”

David L. Skinner & Co. v. Hitchcock
· 1933-09-15
Appeal (bankruptcy petitioner) Granted

“The order of the District Court is reversed, and the case is remanded to that court for *70further proceedings not inconsistent with this opinion.”

Arjona v. Winship
· 1937-01-05
Appeal (judge appellant) Denied

“The judgment of the Supreme Court of Puerto Rico is affirmed.”

Kearns v. Keville
· 1933-11-10
Appeal (habeas petitioner) Denied

“The order of the District Court dismissing the petition is affirmed.”

Flynn ex rel. Wong Tung Fook v. Tillinghast
· 1930-11-26
Appeal (habeas petitioner) Denied

“The order of the District Court discharging the writ is affirmed.”

Casco Products Corp. v. Zaiger
· 1937-12-08
Appeal (patent-owner appellant) Denied

“The decree of this court of March 15, 1937, is set aside, and the decree of the District Court is affirmed, with costs.”

Marotta v. American Surety Co. of New York
· 1933-03-23
Appeal (indemnitor appellant) Denied

“The decree of the District Court is affirmed, with costs.”

Hutchinson Amusement Co. v. Vitaphone Corp.
· 1937-12-08
Appeal (copyright defendant appellant) Granted

“The suit is remanded to the District Court, witii instruction to transfer it to the law side under Equity Rule 22, 28 U.S.C.A. following section 723, where such pleadings may be made as are necessary for the determination at law of the damages suffered by the plaintiffs; the appellant recovers costs of appeal.”

A historical record

Judge Wilson 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.