Charles Harwood Moorman

U.S. Court of Appeals for the Sixth Circuit circuit Deceased · served 1925–1938 Appointed by Calvin Coolidge (Republican) 41 signed orders read

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

How Judge Moorman decides

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

What persuades

Looks to the substance of a transaction rather than the label placed on funds when determining the bank's rights.

“A bank cannot accept funds offered for deposit, and claim the rights attaching to them as such, when they were in fact accepted for and were immediately applied to a wholly different purpose.”

Separates evidentiary sufficiency from the jury's responsibility to weigh conflicting proof.

“It is not this court’s province to determine the weight of the evidence, but in considering a motion for a directed verdict to determine whether it was legally sufficient to submit the case to the jury.”

Procedural preferences

Declines to entertain trial objections that were not preserved when the evidence was offered.

“The other evidence complained of was either not objected to at the time it was offered, or, if objected to, was clearly admissible.”

Requires pleadings to allege compliance with a contractual notice condition before permitting recovery.

“Lacking an allegation to the effect that, upon the discovery of the loss “by the employer,” notice thereof was promptly given, the complaint failed to state a cause of action”

Cautions

Rejects patent claims that merely adapt known elements to an obvious new use.

“The conception, therefore, did not originate with Wolf, and, in our opinion, it was not invention to put it into practice by utilizing the well-known elements of the larger devices.”

Treats deliberate evasion of law as material even when the applicant otherwise has a lengthy record of good conduct.

“His deliberate attempt thus to evade the law indicates, notwithstanding his exemplary conduct of the five years before, that he was not well disposed to the good order of the country.”

Signed rulings

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

Peerless Mfg. Co. v. Chattanooga Foundry & Roofing Co.
· 1928-06-20
Appeal (appellant) Denied

“The decree is affirmed.”

In re Nybo
· 1930-06-27
Appeal (appellant) Denied

“The order of the court denying the petition is affirmed.”

Jacobs v. United States
· 1929-03-15
Appeal (appellant) Denied

“Affirmed.”

CF MEDARIS CO. v. Commissioner of Internal Revenue
· 1930-03-14
Petition for review (petitioner) Denied

“The order is affirmed.”

Seiberling v. Commissioner
· 1930-03-14
Petition for review (petitioner) Denied

“The order of the Board is accordingly affirmed.”

Rupp v. Commerce Guardian Trust & Savings Bank
· 1929-04-05
Appeal (appellant) Granted

“The decree is reversed, and the cause remanded for a new decree consistent herewith.”

Zurbrick v. Traicoff
· 1930-03-14
Appeal (appellant) Granted

“The order sustaining the writ is accordingly reversed, and the cause remanded for further proceedings consistent herewith.”

Koch v. City of Toledo
· 1930-01-21
Appeal (appellant) Denied

“The decree is affirmed.”

Michigan Garage & Accessory Co. v. Drury
· 1929-03-15
Appeal (appellant) Granted

“The judgment is reversed.”

Spiechowicz v. United States
· 1927-01-06
Appeal (appellant) Denied

“Judgment affirmed.”

Kirby v. Wilson
· 1928-06-30
Appeal (appellant) Denied

“The judgment is affirmed.”

Automatic Electric, Inc. v. North Electric Mfg. Co.
· 1928-11-07
Appeal (appellant) Denied

“The judgment is affirmed.”

A historical record

Judge Moorman 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.