George Thomas McDermott
How Judge McDermott rules, drawn from 29 signed orders. Every observation links to the order it came from.
Judge McDermott no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McDermott decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Equitable intervention was unavailable when the insurer had an adequate opportunity to present its fraud defense in a pending action at law.
“The decree below is affirmed on the single ground that appellant has an adequate opportunity to present its defense in the action at law now pending on the policy.”
Agency depended on the actual facts and circumstances rather than a printed stipulation assigning the agent to the other party.
“Moreover it has long been settled that agency is determined from all of the facts, of which such a stipulation is but one.”
Procedural preferences
In war risk insurance appeals tried to a jury, will not disturb a verdict supported by substantial evidence, treating reexamination of the facts as barred by the Seventh Amendment even where the panel doubts the result.
“the verdict of the jury settles the matter; while we think the jury erred, we are powerless to correct the error.”
Adverse claims to a fund could not be adjudicated when the assignee and garnishment creditor whose rights were at stake were not parties.
“They cannot be adjudicated here because they are not parties.”
Federal courts did not act as general appellate supervisors over state-court judgments.
“The courts of the United States have no general supervisory or appellate powers over the state courts.”
Cautions
Enforces the rule requiring bills of exceptions to be settled within the time fixed by the Supreme Court's rules, refusing to review trial errors where the bill was untimely.
“When the right to file a bill of exceptions has been lost by expiration of time, it cannot be revived by an order purporting to speak retroactively.”
A directed-verdict argument could not rely on unsupported assumptions about the physical forces involved in the accident.
“There is no ground for such assumptions.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The decree of the trial court is right, and should be and is affirmed.”
“The petition for review will be denied.”
“The judgment and sentence will, therefore, be affirmed.”
“the motion to dismiss the same is granted* and the appeal dismissed.”
“Affirmed on first count; reversed on second count.”
A historical record
Judge McDermott 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.