Don Albert Pardee
Judge Pardee no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Pardee decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires federal subject-matter jurisdiction to appear affirmatively in the record and notices a defect on the appellate court's own motion.
“The jurisdiction of the circuit courts must appear affirmatively in the record.”
Treats an architect's undisclosed financial interest as a breach of loyalty that can forfeit compensation.
“any breach of duty or good faith in this respect destroys his right to compensation and commission, not only on the ground of actual damage or prejudice to the principal, but on grounds of public policy.”
Procedural preferences
Enforces the historical distinction between the proper review vehicles for actions at law and suits in equity.
“cases at law can only be reviewed on writs of error, and cases in equity on an appeal.”
Allows an appeal-bond defect to be cured when other defects caused no injury after the appellees appeared.
“so far as defective citation and return-day are concerned, no injury to appellees has resulted.”
Cautions
Treats a strong agency inference as a fact question that does not justify directing a verdict.
“Such presumption was not one of law, but of fact, and not warranting a directed verdict.”
Protects a party's opportunity to object when a verdict is directed outside the presence of the party and counsel.
“thereby depriving the plaintiff of his' right to make seasonable objections thereto and reserve a proper bill of exceptions, or of taking a nonsuit at his option.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The decree of the circuit court is reversed, and the cause is ordered .returned to that court, with instructions to remand it to the state court from which it wras removed.”
“This cause will stand dismissed unless the appellant shall, on or before the first Monday in January-next, file with the clerk of this court a bond, witli good and sufficient security, conditioned according to law, for the purposes of the appeal; and it is so ordered.”
“These views require the reversal of the decree appealed from, and the remanding of the case to the circuit court, with instructions to dismiss the intervention of the Hiawassee Company, with costs.”
“The decree appealed from is therefore reversed, with costs, and the cause remanded, with instructions to dismiss the bill.”
“the appeal in this case should he dismissed”
“the petition to superintend and revise be denied”
“the judgment of the district court is reversed, and a new trial ordered.”
“The judgment of the District Court is reversed, and the cause is remanded, with instructions to grant a new trial.”
“The judgment of the District Court should be affirmed; and it is so ordered.”
“the decree of the District Court entered in this case be reversed, and the cause remanded, with instructions to enter a decree dissolving and vacating the injunction therein issued and dismissing the bill”
“we are con- ' strained to affirm the judgment; and it is so ordered.”
A historical record
Judge Pardee 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.