George Mifflin Dallas

U.S. Court of Appeals for the Third Circuit circuit Deceased · served 1892–1909 Appointed by Benjamin Harrison (Republican) 25 signed orders read

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

How Judge Dallas decides

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

What persuades

Allows unfair-competition relief when conduct tends to deceive without requiring proof that a customer was actually deceived.

“it is not necessary that the public should be actually deceived in order to afford a right of action. All that is required is that the infringement should have a tendency to deceive,”

Distinguishes patentable invention from a change within ordinary mechanical skill.

“its omission-is well within- the réalm Of mere mechanical dexterity.”

Procedural preferences

Requires a fraud defense to be pleaded rather than introduced irregularly through cross-examination under a general denial.

“no error was committed in refusing to permit the defendant to irregularly introduce his supposed defense by cross-examining a witness of the plaintiff “with respect to the question of fraud, under the plea of general issue, which was the only plea of record.””

Declines to add words to a statute to make a party's preferred construction plausible.

“The order of the Circuit Court, in the phrase “as smelted or refined by the said company,” reads into the act the word “as”; and, if this interpolation were warranted, the contention of the appellee might be a plausible one. But, in our opinion, it is not warranted.”

Cautions

Will affirm on a well-reasoned lower-court opinion without duplicating its analysis.

“We might, of course, express the same views in different terms and at greater length, but no useful purpose would be subserved by doing so.”

Signed rulings

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

Mutual Life Insurance Co. v. Doherty
· 1896-12-02
Appeal (insurer-appellant) Denied

“Its decree is therefore affirmed.”

Hemmick v. Standard Oil Co.
· 1899-01-09
Appeal (plaintiff-appellant) Denied

“The decree is affirmed.”

Mueller v. Mueller
· 1899-06-20
Appeal (patent-plaintiff-appellant) Denied

“the decree is affirmed.”

Joseph Stelwagon Co. v. Childs
· 1900-05-21
Appeal (appellant) Denied

“The decree is affirmed.”

Mercantile Trust Co. v. Pittsburg & Western Railway Co.
· 1900-12-07
Appeal (trustee-appellant) Denied

“The decree is affirmed.”

New York Asbestos Manufacturing Co. v. Ambler Asbestos Air-Cell Covering Co.
· 1901-12-26
Appeal (patent-plaintiff-appellant) Denied

“upon that opinion the decree is .affirmed.”

Casey v. Pennsylvania Asphalt Paving Co.
· 1902-02-12
Appeal (plaintiff-appellant) Denied

“the judgment of that court is affirmed.”

Wanamaker v. United States
· 1903-02-02
Appeal (importer-appellant) Denied

“The decree of the circuit court for the Eastern district of Pennsylvania, affirming the decision of the board of general appraisers, is affirmed.”

Brabender v. United States
· 1903-03-06
Appeal (appellant) Moot / procedural

“it is now here ordered, adjudged and decreed by this court that the appeal from the said District Court be and the same is hereby dismissed at the costs of the appellant.”

McClain v. Fidelity Insurance, Trust & Safe Deposit Co.
· 1903-06-03
Appeal (plaintiff-appellant) Denied

“Therefore the judgment to which the present writ of error relates is affirmed.”

In re Guggenheim Smelting Co.
· 1903-11-24
Appeal (government-appellant) Granted

“the order of the Circuit Court must be reversed, and the cause will be remanded to that court, with direction to enter a judgment affirming the decision of the Board of General Appraisers, by which the protests of the Guggenheim Smelting Company were overruled and the decision of the collector in each case was affirmed.”

Thomas v. Wanamaker
· 1904-02-17
Appeal (importer-appellant) Denied

“the decree of the Circuit Court sustaining that decision is therefore affirmed.”

A historical record

Judge Dallas 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.