Andrew Phelps McCormick
Judge McCormick no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McCormick decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treated evidence supporting employer negligence, with negligence and assumption of risk still disputed, as sufficient to require a jury trial rather than a directed defense verdict.
“For there was evidence tending to show that the defendant was negligent in furnishing defective tongs, and that such negligence caused plaintiff’s injury; (2) the evidence does not show, as a matter of law, that plaintiff was either negligent or assumed the risk attendant upon the work in hand.”
Procedural preferences
In a bench trial, he required preserved exceptions or special findings before the appellate court would revisit the result.
“the record in this case shows nothing that may form a basis for review by this court of the judgment of the circuit court”
Cautions
He enforced the jurisdictional amount in controversy using the law of his era and excluded post-maturity interest from that calculation.
“the matter in dispute exceeds, exclusive of interest and costs, the sum or value of $2,000.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the judgment of that court herein sought to be reviewed is affirmed.”
“the decree of the circuit court in (his case is affirmed.”
“the judgment of the circuit court in this ease is affirmed.”
“The demurrer to the petition was properly sustained, and the judgment of the circuit court is affirmed.”
“The judgment of the circuit court is therefore affirmed.”
“we see no reason to set aside the decree of the circuit court, and it is therefore affirmed.”
“We find no error in the decree of the circuit court, and it is affirmed.”
“the judgment of the circuit court should be, and is hereby, affirmed.”
“The judgment of the Circuit Court is affirmed.”
“The judgment of the District Court is therefore affirmed.”
“The circuit court so held, and its judgment is affirmed.”
A historical record
Judge McCormick 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.