Joseph Whitaker Thompson

U.S. Court of Appeals for the Third Circuit circuit Deceased · served 1931–1938 Appointed by Herbert Hoover 25 signed orders read

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

How Judge Thompson decides

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

What persuades

Treats an unexplained residency condition as discriminatory when it has no reasonable relationship to public health.

“We conclude that the ordinance requirement of one year’s residence as a prerequisite to the right to conduct a barber shop within the county of Middle-sex, state of New Jersey, is unreasonable, discriminatory, and in direct violation of the Fourteenth Amendment of the Constitution of the United States.”

Refuses to create an additional method of imposing tax liability beyond those prescribed by Congress.

“It is not for the courts to extend the methods prescribed by Congress for imposing tax liability.”

Procedural preferences

Exercises plain-error review when a joint trial record shows prejudicial error despite the absence of an exception.

“Although we are reluctant to take notice of errors to which no exception has been taken, we may exercise that power when the record convinces us that prejudicial error has been committed.”

Uses bankruptcy equity powers to settle the rights of all interested parties in one proceeding.

“The approved policy in equity cases is to settle all the rights of the several parties before it.”

Cautions

Treats a final appellate order as beyond the court's control after the term and additional rehearing period expire.

“In the instant case, however, not only the term but the additional thirty days have long since expired. The petitioner’s motion made in the October, 1936, term to set aside an order made in the October, 1934, term is obviously too late.”

Signed rulings

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

Nathanson v. United States
· 1933-03-01
Appeal (criminal-defendant-appellant) Denied

“the judgment is affirmed.”

New York, O. & W. Ry. Co. v. McHale
· 1933-06-30
Appeal (railroad-defendant-appellant) Denied

“the judgment of the court below is affirmed.”

Walters v. Baltimore & O. R.
· 1935-03-07
Appeal (plaintiffs-appellants) Moot / procedural

“Appeal dismissed.”

National Cash Register Co. v. Dallen
· 1935-03-07
Appeal (reclamation-petitioner-appellant) Denied

“Decree affirmed.”

United States v. Booth
· 1935-07-26
Appeal (government-appellant) Granted

“The judgment of the court below is reversed.”

Commercial TP. Cumberland County v. Stowman
· 1935-07-29
Appeal (taxing-township-appellant) Denied

“The decree is affirmed.”

City of New Brunswick v. Zimmerman
· 1935-07-31
Appeal (city-appellant) Denied

“The decree of the court below is affirmed.”

Krebs Pigment & Chemical Co. v. Sheridan
· 1935-08-09
Appeal (cargo-owner-libellant-appellant) Denied

“Decree affirmed.”

Fidelity & Casualty Co. of New York v. Turby
· 1935-12-23
Appeal (insurer-appellant) Moot / procedural

“The appeal is dismissed.”

Moyerman v. Hale
· 1936-01-15
Appeal (reclamation-petitioner-appellant) Denied

“The decree is affirmed.”

Central R. Co. of New Jersey v. Toole
· 1936-01-18
Appeal (railroad-defendant-appellant) Denied

“The judgment is affirmed.”

Girgenti v. United States
· 1936-01-22
Appeal (criminal-defendants-appellants) Granted

“The judgments are reversed.”

A historical record

Judge Thompson 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.