Henry Franklin Severens
Judge Severens no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Severens decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats positive identification evidence as especially weighty when citizenship and expulsion from the country are at stake.
“The identification of the appellant by the witness as the child of their acquaintance in San Francisco is so positive that we cannot feel justified in disregarding it”
Places the consequences of inseparably confused patent profits on the knowing infringer.
“It took the risk of confusion, and the loss must fall upon the wrongdoer, rather than the innocent party.”
Procedural preferences
Determines removal jurisdiction from the plaintiff's pleading rather than the later merits defense.
“the right to remove is determined by the case made by the plaintiff’s petition.”
Reserves patent validity for a developed evidentiary record unless the absence of invention is beyond reasonable dispute.
“we are unwilling to sanction the summary dismissal of the bill, for we think it possible that the merits of the case might be more clearly discerned in the light of facts which the evidence may bring out.”
Cautions
Requires counsel to choose the form of appellate review that matches the nature of the proceeding.
“The distinction between a writ of error and an appeal is important.”
Treats a prior appellate determination as binding law of the case on issues it decided.
“That decision became the law of the case upon all the questions determined thereby”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“judgment of the circuit court is reversed, and the cause remanded”
“The decree will be reversed, with the costs of this court, and the cause remanded”
“The order granting the preliminary injunction must be reversed, with costs.”
“The judgment must be reversed, and the cause remanded, with a direction to remand it to the state court”
“the writ of error in this case should be dismissed, and it is ordered accordingly.”
“The order of the District Court must therefore be affirmed.”
“Its decree dismissing the bill is therefore affirmed.”
“the judgment of the Circuit Court will be reversed, and the cause remanded to that court, with directions to remand it to the state court”
“The decree must be reversed, and remanded to the court below”
A historical record
Judge Severens 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.