Marcus Wilson Acheson
Judge Acheson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Acheson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats fraud as a complete defense when a corporation sues to enforce a subscription contract induced by misrepresentation.
“We think it very clear that in an action at law to enforce a contractual demand such as is involved here, fraud is an available defense.”
Permits exemplary damages when reckless professional conduct is supported by the evidence.
“We think that the facts disclosed by the evidence fully justified the jury in awarding to the plaintiff exemplary damages.”
Procedural preferences
Requires a federal court to resolve a pending jurisdictional challenge before acting on a merits motion.
“If the suit did not involve a dispute or controversy properly within the jurisdiction of the Circuit Court, it was the plain duty of that court to proceed no further therein, but to dismiss the suit.”
Treats an unqualified dismissal by a court with jurisdiction as a decision on the merits.
“in the-absence of words of qualification accompanying the decree, such as “without prejudice,” or other terms indicating a right or privilege to take further proceedings on the subject, the decree of dismissal is presumed to be rendered on the merits.”
Cautions
Enforces an express contractual condition before allowing a broker to recover commissions.
“it was incumbent upon the plaintiff to show that the agreement of sale between the defendants as vendors and Eakins and Dignowity as purchasers of the described land had been performed by those purchasers, or by some one who took their place, under that agreement of sale.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The decree of the district court is affirmed.”
“The judgment of the district court is affirmed.”
“The decrees of the district court upon the libel and cross libel are affirmed.”
“Therefore the decree of the district court is affirmed.”
“We find no error in this record, and accordingly the judgment of the circuit court is affirmed.”
“the decree of the district court is affirmed.”
“The decree of the district court in No. 19, September term, 1902, the ship John A. Briggs, appellant, against the Pacific Pine Company, appellee, is reversed, with costs in this court to the appellant, ■and the cause is remanded to the district court, with direction to dismiss the libel, with costs of suit to the respondent. The decree of the district court in No. 20, September term, 1902, the master of the ship John A. Briggs against the cargo of the ship and claimant, is affirmed, with costs in this court to appellees.”
A historical record
Judge Acheson 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.