Charles Casper Simons
Judge Simons no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Simons decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Enforces unambiguous trust language without resorting to interpretive construction.
“In the absence of such' ambiguity- there is no room left for construction”
Allows an expert tax tribunal to assess value without rigid adherence to technical evidence rules.
“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
Requires legal certainty that the claimed amount is deficient before dismissing for lack of the jurisdictional amount.
“It must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal”
Defers to trial-court fact findings unless they are clearly erroneous.
“findings of. fact shall not be set aside unless clearly erroneous.”
Cautions
Refuses to replace proof with inference when the creditor knew of the omitted liabilities and reliance was unproven.
“it being the view of the court that inference may not be substituted for proof”
Applies existing law without predicting a supposed future doctrinal trend.
“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. If you're preparing for a matter, start from the court's current bench.