Horace Harmon Lurton
How Judge Lurton rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Lurton no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Lurton
Horace Harmon Lurton was a judge of the United States Court of Appeals for the Sixth Circuit. Appointed by President Grover Cleveland, Judge Lurton received a commission on March 27, 1893. Judge Lurton previously served on the United States Circuit Courts for the Sixth Circuit, commissioned there on March 27, 1893. Judge Lurton left the court on December 20, 1909 on appointment to the Supreme Court of the United States.
How Judge Lurton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires jurisdictional facts to appear in the record and places that recording duty on the party invoking federal jurisdiction.
“whose duty it was to put on record the essential jurisdictional facts.”
Treats a homestead as an occupancy right that cannot attach without a present legal right to occupy the land.
“a homestead right, being a mere right of occupancy, cannot exist in land to which the debtor has not a present legal right of occupancy.”
Procedural preferences
Allows review of interlocutory rulings once an appeal is taken from the final decree.
“This was the only final decree, and an appeal from it brings up for review all interlocutory decrees in the cause.”
Preserves factual patent disputes for full proof rather than ending the case on a preliminary-injunction record.
“Ordinarily, if the case involve a question of fact, as of anticipation or infringement, we think the parties are entitled to put in their evidence”
Cautions
Gives substantial weight to a trial judge who personally observed conflicting witnesses.
“The fact that after such a hearing he found as he did is a fact of determining character on a record such as this.”
Does not treat merits pleading after a timely jurisdictional objection as waiver of that objection.
“He re*225fused to consent to the court’s jurisdiction, and at no time waived his right to be proceeded against regularly and in a court having jurisdiction.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The decrees appealed from will be affirmed, with costs.”
“The decree will be reversed, and the relief denied.”
“There is no error, and the decree will be affirmed.”
“the decree may be modified so as to allow the claim to be established as a preferential debt”
“The decree in No. 872, denying this claim as a set-off, is affirmed, with costs.”
“is affirmed upon the opinion of District Judge WANTY.”
“The decree dismissing the libel must be reversed, and the cause will be remanded”
“Decree reversed and remanded for further pleading.”
A historical record
Judge Lurton 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.