Charles Henry Simonton
Judge Simonton no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Simonton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Applies equitable relief reciprocally, requiring a party who invokes equity to accept equitable limits.
“The appellant, of his own accord, came into equity, and he must do equity.”
Treats apparent authority and the insurer's post-delivery conduct as sufficient to bind the policy.
“These agents were clothed with all the indicia of authority, tío notice of limitation on that authority was ever given to or known by the insured or his beneficiary, so far as .the record discloses.”
Procedural preferences
Reserves disputed factual questions for the jury instead of resolving them through a directed answer.
“These questions of fact were for the jury to answer”
Requires the correct appellate vehicle when an action at law is presented for review.
“errors in the court below cannot be reviewed in this court except by writ of error.”
Cautions
Expects heightened care where a traveler's ability to see and hear an approaching train is impaired.
“Ordinary caution would have compelled him to stop.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The decree of the circuit court is reversed, without cost to either party. Let the case be remanded to the circuit court, with instruction to enter judgment for the appellee in the sum of $366.24, without interest or costs.”
“The decree of the circuit court is affirmed, with costs.”
“the circuit' court erred in its decree allowing this claim for interest, and the said decree is reversed.”
“We see ■no error in the decree of the court below, and it is affirmed.”
“The decree of the circuit court is affirmed, with costs.”
“The decree of the circuit court is affirmed, with costs.”
“It is ordered that the judgment below be reversed, and that the case be remanded to the circuit court, with instructions to grant a new trial.”
A historical record
Judge Simonton 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.