David Davie Shelby
Judge Shelby no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Shelby decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treated conflicting evidence about whether a train stopped before a passenger alighted as a jury question rather than contributory negligence as a matter of law.
“the evidence in the record shows that the question of contributory negligence should have been submitted to the jury.”
Procedural preferences
He required diversity jurisdiction to rest on positive citizenship allegations rather than inference from an official position.
“Jurisdiction cannot be inferred argumentatively. When it is dependent on diverse citizenship, such diversity should be shown by positive averments.”
Cautions
He generally deferred to a trial court's decision to preserve the status quo by interlocutory injunction while serious legal issues remained unresolved.
“This court, as we have repeatedly held, is reluctant to interfere with the discretion of the Circuit Court in granting interlocutory injunctions, and will only do so when it is apparent that the order has been improvidently made.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the judgment of the District Court in this case is reversed, and the cause remanded, with, instructions to sustain the demurrer to the second plea.”
“The questions involved having been decided on the petition for revision, this appeal is: Dismissed.”
“the decree in this case is reversed, and the cause remanded, with directions to dismiss the bill.”
“the decree of the Circuit Court is reversed, and the cause remanded for further proceedings in conformity with the said opinion of this court.”
“The judgment of the Circuit Court is affirmed.”
“The decree of the Circuit Court is reversed for want of jurisdiction, and the cause remanded, with instructions to dismiss the bill.”
“The judgment of the court below is amended, só as to be without prejudice to this right to sue for such sum, if any, as he earned under the contract before he r'eceived notice of its termination, and, as so amended, it is affirmed.”
“The judgment is reversed, and the cause remanded for a new trial.”
“We have concluded that the decree in this case is right, and that it should be affirmed, both on the appeal and the cross-appeal.”
A historical record
Judge Shelby 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.