Charles Casper Simons
How Judge Simons rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Simons no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Simons
Charles Casper Simons was a judge of the United States Court of Appeals for the Sixth Circuit. Appointed by President Herbert Hoover, Judge Simons received a commission on January 29, 1932. Judge Simons previously served on the United States District Court for the Eastern District of Michigan, commissioned there on February 6, 1923. Judge Simons assumed senior status on September 15, 1959 and served until death on February 2, 1964.
How Judge Simons decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Waters's trust dispute, he affirmed the decree because the trust documents unambiguously preserved a creditor's rights against the estate.
“In the absence of such' ambiguity- there is no room left for construction”
In Hickok Oil's tax appeal, he upheld the Board of Tax Appeals' valuation after finding evidence supported it despite the taxpayer's objections to the Board's evidentiary approach.
“We do not understand that the Board of Tax Appeals, on questions of value in which it is itself expert, is circumscribed by technical rules of evidence.”
Procedural preferences
In Calhoun's nuisance suits, he reversed dismissals because the alleged damages could meet the federal jurisdictional amount and the issue could not yet be resolved to a legal certainty.
“It must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal”
In Anderson's contract appeal, he affirmed the trial court's finding about the disputed employment bonus because he found no clear error in its credibility assessment.
“We are not persuaded that the present findings are so erroneous as to be set aside.”
Cautions
In Crue's bankruptcy appeal, he reversed denial of discharge because the objecting creditor's agent knew of the omitted liabilities and reliance on the statement was not proved.
“it being the view of the court that inference may not be substituted for proof”
In Ammond's removed-case appeal, he declined to infer from a supposed trend in precedent that federal courts had lost authority to restrain related state proceedings.
“we still conceive it to be our function to apply the law as we find it and not to indulge in prophecy.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“His conviction is reversed, and the cause remanded for new trial.”
“It is ordered That the decree below be and it is hereby affirmed upon the findings and conclusions of the District Court.”
“It is ordered that the order denying the bankrupt’s petition for discharge be and it is hereby reversed, and that the cause be and it is hereby remanded for the entry of an order of discharge.”
“The sentence must be set aside and the case remanded for the imposition of sentence.”
“The decisions of the Board of Tax Appeals are reversed.”
“The decision of the Board of Tax Appeals is affirmed.”
A historical record
Judge Simons no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.