Samuel Gilbert Bratton

How Judge Bratton rules, drawn from 53 signed orders. Every observation links to the order it came from.

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

Court
U.S. Court of Appeals for the Tenth Circuit
Position
circuit
Status
Deceased
Served
1933–1963
Appointed by
Franklin D. Roosevelt (Democratic)
Commissioned
1933-06-01
Education
Read law, admitted to the bar 1909
Signed orders read
53

How Judge Bratton decides

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

What persuades

False identifying information, interstate travel outside a rental agreement, selling vehicle parts, and an admission supported the finding that lawful possession had become embezzlement.

“While appellant lawfully obtained possession of the vehicle, the evidence was abundantly sufficient to show that he later formed an intent to embezzle it and in furtherance of such purpose, transported it in interstate commerce.”

A land transaction was a present sale when the contract bound both sides to future performance and vested possession, even though deeds would be delivered later.

“In its primary aspects, the contract upon its execution created a present obligation on the part of the sellers to execute and deliver deeds of conveyance as installment payments were made; in like manner, it created a present obligation on the part of the purchaser to make the installment payments, and it vested in the purchaser the right of possession of the land.”

Services defending a debtor's discharge were not payable from the bankruptcy estate because they did not preserve the estate for administration.

“The granting or denial of a discharge is personal to the bankrupt. It has nothing to do with the preservation of the estate.”

Procedural preferences

Review of an unpreserved jury-instruction error was reserved for an exceptional case where the mistake may have produced a verdict unwarranted by governing law.

“We think this is an exceptional case in which the power should be exercised in the interest of justice.”

A petition for judicial review was premature when the agency had issued no complaint or final order that the governing statute made reviewable.

“And no final order was entered which the construction company may bring here for review under section 10(f).”

Signed rulings

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

Jones v. Box Elder County
· 1933-12-04
Appeal (appellant) Moot / procedural

“The appeal is dismissed.”

Hood v. United States
· 1935-03-15
Appeal (defendant-appellant) Denied

“It is affirmed”

United States v. Jones
· 1935-08-26
Appeal (appellant-United-States) Denied

“the judgment is affirmed.”

Shell Petroleum Corp. v. Shore
· 1935-12-26
Appeal (defendant-appellant) Denied

“The judgment is affirmed.”

Thouvenell v. Zerbst
· 1936-05-20
Habeas petition (petitioner-appellant) Denied

“The order of dismissal is affirmed.”

Hudspeth v. Hushon
· 1934-11-26
Habeas petition (respondent-appellant) Granted

“The order of discharge is reversed, and the cause remanded”

Carroll v. Zerbst
· 1935-04-09
Habeas petition (petitioner-appellant) Denied

“The order denying the writ is affirmed.”

Marcy v. Miller
· 1938-03-25
Appeal (appellant) Moot / procedural

“The appeal is dismissed.”

Allen v. Garnett
· 1938-12-22
Appeal (plaintiff-appellant) Denied

“The decree is affirmed.”

State Tax Commission v. United States
· 1943-06-21
Appeal (appellant) Moot / procedural

“The appeal is dismissed.”

Atlas Supply Co. v. Commissioner
· 1943-10-24
Petition for review (petitioner) Denied

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

Atlas Life Ins. v. Ruso Drilling Co.
· 1939-05-01
Appeal (plaintiff-appellant) Denied

“the decree is affirmed.”

A historical record

Judge Bratton 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.