Howell Edmunds Jackson
Judge Jackson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Jackson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires reliable, tangible apportionment when a patent covers only an improvement rather than the entire machine.
“The patentee,’ he says, ‘must in every case give evidence tending to separate or apportion the defendant’s profits and the patentee’s damages between the patented feature and the unpatented features, and such evidence must be reliable and tangible, and not conjectural or speculative”
Places the burden on a claimed statutory lienholder to prove every fact necessary for priority over existing mortgages.
“In this contest for priority we consider it well settled that the burden of proof is upon the claimants to establish whatever is necessary to confer a preference on their part.”
Procedural preferences
Requires a lower court executing a Supreme Court mandate to follow it without adding relief that the mandate did not award.
“Its duty and function arc ministerial, rather than judicial, in such cases, inasmuch as it is executing the judgment or decree of a higher court, instead of its own judgment or decree.”
Uses the balance of inconvenience and probable right when reviewing preliminary injunctive protection.
“appellees have exhibited such probable right, and probable danger to that right, as entitled them to the interposition of the injunctive powers of the lower court for its protection pendente lito”
Cautions
Rejects hypothetical expert opinions when their assumed facts lack support in the weight of the proof.
“the opinion of witnesses, based upon hypothetical statements, not supported by the weight of proof, amounts to practically nothing.”
Allows amendment when jurisdiction depends on the citizenship of an association's members rather than an unsupported corporate characterization.
“with leave to plaintiff to further amend its petition so as to show the citizenship of its members, if it is an association or limited partnership and not a corporation”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the decree below Avas therefore correct, and should be affirmed, with costs of appeal, and it is accordingly so ordered and adjudged.”
“was erroneous, and should he reversed, and it is accordingly so ordered and adjudged, with costs.”
“The decree of the court below, dismissing the bill, is accordingly affirmed, with costs.”
“said appeal should be dismissed at appellant’s cost.”
“The judgment of the circuit court is affirmed, with costs.”
“affirm the judgment below, with costs.”
“the judgments of the lower court thereon are affirmed.”
“the same is accordingly affirmed, with costs.”
“the cause will be remanded to the circuit court for the district of Kentucky for further proceedings therein in conformity with this opinion”
“the judgment of the lower court should be, and the same is., affirmed.”
“The decree of the district court condemning the Folsom and Mitchell is erroneous, and is accordingly reversed”
“the writ of error should be dismissed, with costs, and it is accordingly so ordered.”
A historical record
Judge Jackson 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.