George Gray

U.S. Court of Appeals for the Third Circuit circuit Deceased · served 1899–1914 Appointed by William McKinley (Democratic) 25 signed orders read

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

How Judge Gray decides

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

What persuades

Treats failure to prove a fact essential to relief as a merits determination capable of barring a later suit.

“The determination of a court, that a hill must be dismissed because the complainant has failed to support the existence of a fact necessary to its success, by any evidence, is just as much upon the merits as if the testimony on that point had been adduced and pronounced insufficient by the court.”

Locates lien priority at attachment rather than enforcement when applying the Bankruptcy Act.

“Priority is obtained when a lien attaches, and not when it is enforced. The -date of the sale is immaterial in this respect; whenever it takes place, it relates hack to the date when the lien attached.”

Procedural preferences

Rejects preliminary trademark relief based on name similarity alone when fraud and unfair competition have not been established.

“We think the preliminary injunction in this case was improvidcutly granted, and that in the absence of fraud, there was nothing in the use of the words “Don Caesar” alone, by defendants, fhat was in derogation of any property right of the complainant in the words “Don Carlos” as a trade-mark.”

Enforces the term deadline for presenting a bill of exceptions when no rule or order preserves the trial court's control.

“On reason and authority, we think this question must be answered in the negative.”

Cautions

Avoids duplicating a lower court's clear and satisfactory reasoning.

“The opinion of the learned judge in that court, deals so clearly and satisfactorily with the questions involved in the case, that a separate opinion by this court would be an unnecessary paraphrase thereof.”

Signed rulings

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

F. L. Smidth & Co. v. Bonneville Cement Co.
· 1902-02-17
Appeal (patent-plaintiff-appellant) Denied

“The judgment of the court below is therefore affirmed.”

Dunn v. Gans
· 1904-05-02
Appeal (appellant) Denied

“The decree of the court below is affirmed.”

Hempstead v. Thomas
· 1904-05-09
Appeal (appellant) Granted

“The decree of the court below is reversed, and the case remanded to that court, with directions to enter a decree in conformity with this opinion.”

Thomas v. Schwarz
· 1906-01-15
Appeal (appellant) Denied

“The decree of the court below is affirmed.”

Miller v. Walker Patent Pivoted Bin Co.
· 1906-05-16
Appeal (appellant) Denied

“The decree of the court below is affirmed.”

Markell v. Matteson
· 1907-05-13
Appeal (appellant) Denied

“The judgment below is therefore affirmed.”

Hamburg-American Packet Co. v. Rich
· 1908-02-13
Appeal (appellant) Denied

“the decree of the court below is therefore affirmed.”

The Algeria
· 1908-06-15
Appeal (appellant) Denied

“The decree of the court below is therefore affirmed.”

Chance v. Gulden
· 1908-11-25
Appeal (defendants-appellants) Granted

“We think the decree of the court below, granting a preliminary injunction, should be reversed, and it is so ordered.”

Earn Line S. S. Co. v. Ennis
· 1908-12-02
Appeal (appellant) Denied

“The decree of the court below is hereby affirmed.”

1900 Washer Co. v. Cramer
· 1909-04-12
Appeal (appellant) Denied

“its decree is hereby affirmed.”

Rowley v. J. E. Rowley Co.
· 1909-06-25
Appeal (appellant) Denied

“the same is hereby affirmed.”

A historical record

Judge Gray 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.