Herschel Whitfield Arant
How Judge Arant rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Arant no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Arant
Herschel Whitfield Arant was a judge of the United States Court of Appeals for the Sixth Circuit. Appointed by President Franklin D. Roosevelt, Judge Arant received a commission on March 4, 1939. Judge Arant served until death on January 14, 1941.
How Judge Arant decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Enforces an express agreement without implying a second contract over the same subject matter.
“It is an elementary rule that, where there is an express agreement between parties covering the subject-matter, the law will not imply one.”
Applies claim preclusion regardless of whether the earlier judgment is characterized as personal or property-based.
“the doctrine of res judicata is applicable and controlling whether the judgment in the first case was in personam or in rem.”
Procedural preferences
Permits withdrawal of a guilty plea when the accused relied on a prosecution agreement the court would not follow.
“If the state is not bound by the agreement its counsel made, then the accused ought not to be held to their waiver, made on the faith of such agreement.”
In United States v. One 1935 Model Pontiac Sedan Automobile, Arant held that the owner’s forfeiture claim was not barred by the driver’s criminal acquittal because the owner had not been a party to the criminal case; he reversed and remanded for litigation of the forfeiture issue.
“Inasmuch as the claimant was not a party to the criminal proceeding, we are of the opinion that Coffey v. United States is not controlling”
Cautions
In Erie Railroad v. Johnson, Arant reversed and ordered a new trial because the record contained no evidence that the railroad authorized or ratified its officers’ acts, so the issue should not have gone to the jury.
“There being no evidence whatever that appellant had authorized or ratified the acts of the officers, it was error to submit the case to the jury.”
In Hoefle v. Commissioner of Internal Revenue, Arant affirmed the Board of Tax Appeals’ fraud finding, holding that the evidence supported it after the Board found the gap between the taxpayer’s trading profit and reported gross income too large to attribute to oversight or error.
“To attribute such a disparity to oversight or error overtaxes credulity. It evidences a clear intention to misrepresent the facts and to mislead the Government.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment is reversed and the case remanded for a new trial.”
“The judgment of the District Court is reversed and the cause remanded for further proceedings in accordance with Section 3450 of the Revised Statutes.”
“Judgment reversed and the case remanded for a new trial.”
“The judgments are reversed and the causes remanded with directions to permit withdrawal of the pleas of guilty and substitution of pleas of not guilty.”
A historical record
Judge Arant 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.