Joseph Chappell Hutcheson Jr.

U.S. Court of Appeals for the Fifth Circuit circuit Deceased · served 1931–1973 Appointed by Herbert Hoover (Republican) 25 signed orders read

Judge Hutcheson no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Hutcheson decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Hutcheson required more than proof of an unexplained accident to support a negligence inference.

“the proof that an accident occurred is not proof that it was negligently caused.”

He enforced written contract terms when a party knowingly signed and retained the agreement.

“one cannot sign the contract and thereafter, continuing to affirm it, base a claim for damages upon the ground that a representation or promise on which he relies, but which is not contained in the contract, entitles him thereto.”

Procedural preferences

Hutcheson treated an untimely rehearing motion as incapable of extending the appeal deadline.

“A motion for rehearing so filed is not timely nor duly filed. It had no effect to extend the appeal time.”

He enforced prior appellate mandates and dismissed later appeals that presented nothing new for review.

“appeals from the judgments entered on the mandates present nothing for our review.”

Cautions

Hutcheson would not use coram nobis as a vehicle to retry alleged errors and disputed testimony.

“Consisting, however, merely of allegations in effect that errors were committed and that false and perjured testimony was received, the petition presents nothing more than an effort to retry the case.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Saenger v. Commissioner
· 1934-03-10
Petition for review (petitioner) Denied

“The petition is denied.”

Zimmern v. United States
· 1935-11-14
Appeal (appellants) Moot / procedural

“We are without jurisdiction of the appeals. They are dismissed.”

American Legion v. Spurway
· 1934-02-20
Appeal (appellant) Denied

“The decree is affirmed.”

United States v. Haywood
· 1934-11-10
Appeal (appellant) Granted

“The judgment is reversed.”

Burges v. Commissioner
· 1934-03-10
Petition for review (petitioner) Denied

“His petition is denied.”

Keelen v. United States
· 1933-06-02
Appeal (plaintiff-appellant) Denied

“The judgment is affirmed.”

Spurway v. Frick Co.
· 1933-03-09
Appeal (appellant) Granted

“The judgment is reversed, and the cause remanded, with directions to dismiss the bill without prejudice to appellee’s right to’ prove as a general creditor.”

Wilson v. Duncan
· 1932-10-28
Appeal (appellants) Granted

“The judgment is reversed, and the cause remanded for further proceedings not inconsistent with this opinion.”

Dillingham v. United States
· 1935-03-07
Appeal (appellant) Denied

“The judgment of revocation was right. It is affirmed.”

McNair v. Oesterreicher
· 1933-03-10
Appeal (appellant) Granted

“The judgment is reversed, and the cause remanded with directions to dismiss the bill without prejudice to appellee’s claim as an unsecured creditor.”

Callaway v. West Palm Beach Atlantic National Bank
· 1934-02-10
Appeal (appellant) Granted

“The judgment is reversed, and the cause remanded for further proceedings not inconsistent herewith.”

Beckert v. Halley
· 1939-05-01
Appeal (appellant) Denied

“the decree appealed from in this case will De affirmed.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Hutcheson 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.