Howell Edmunds Jackson

How Judge Jackson rules, drawn from 13 signed orders. Every observation links to the order it came from.

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

Court
U.S. Court of Appeals for the Sixth Circuit
Position
Circuit judge
Status
Deceased
Served
1886–1893
Appointed by
Grover Cleveland (Democratic)
Commissioned
April 12, 1886
Education
University of Virginia; West Tennessee College, A.B., 1849; Cumberland School of Law, LL.B., 1856
Signed orders read
13

About Judge Jackson

Howell Edmunds Jackson was a judge of the United States Court of Appeals for the Sixth Circuit. Appointed by President None (assignment), Judge Jackson received a commission on June 16, 1891. Judge Jackson previously served on the United States Circuit Courts for the Sixth Circuit, commissioned there on April 12, 1886. Judge Jackson left the court on March 4, 1893 on appointment to the Supreme Court of the United States.

How Judge Jackson decides

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

What persuades

In Mosher's patent-damages appeal, he denied recovery of all profits on a lifting jack because the patentee had not proved how much value came from its patented improvement.

“Having failed to prove by reliable and tangible evidence that the entire value of the infringing jack, as a marketable article, was properly and legally attributable to his patented feature, the court cannot indulge in conjecture or speculation in order to give him the entire profits made by the defendants.”

In the Kentucky Union Railway lien disputes, he affirmed priority rulings because the claimants had not established facts needed to displace 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

In Green's railroad-fund dispute, he reversed an interest award added by a lower court beyond the relief authorized by the Supreme Court's mandate.

“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.”

In Blount's patent case, he upheld a preliminary injunction after finding probable right, danger to that right, and a balance of inconvenience favoring the patent holders.

“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

In the Lake George vessel-collision case, he reversed liability because hypothetical expert testimony rested on assumptions unsupported by the weight of the evidence.

“the opinion of witnesses, based upon hypothetical statements, not supported by the weight of proof, amounts to practically nothing.”

In Park Bros.' steel-contract case, he reversed dismissal and allowed the plaintiff to amend its petition to establish its members' citizenship if it was an association rather than a corporation.

“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.

Mosher v. Joyce
· 1892-07-28
Appeal (patent owner appellant) Denied

“the decree below Avas therefore correct, and should be affirmed, with costs of appeal, and it is accordingly so ordered and adjudged.”

Green v. Chicago, S. & C. R. Co.
· 1892-01-13
Appeal (receiver appellant) Granted

“was erroneous, and should he reversed, and it is accordingly so ordered and adjudged, with costs.”

Foos Manuf'g Co. v. Springfield Engine & Thresher Co.
· 1891-10-06
Appeal (patent owner appellant) Denied

“The decree of the court below, dismissing the bill, is accordingly affirmed, with costs.”

Blount v. Societe Anonyme Du Filtre Chamberland Systeme Pasteur
· 1892-11-01
Appeal (patent defendant appellant) Moot / procedural

“said appeal should be dismissed at appellant’s cost.”

Crystal Spring Distillery Co. v. Cox
· 1892-01-16
Appeal (distillery plaintiff in error) Denied

“The judgment of the circuit court is affirmed, with costs.”

Louisville Public Warehouse Co. v. Collector of Customs
· 1892-01-16
Appeal (warehouse company plaintiff in error) Denied

“affirm the judgment below, with costs.”

Tod v. Kentucky Union Ry. Co.
· 1892-10-04
Appeal (railroad lien claimants appellant) Denied

“the judgments of the lower court thereon are affirmed.”

John Shillito Co. v. McClung
· 1892-09-17
Appeal (assignee plaintiff in error) Denied

“the same is accordingly affirmed, with costs.”

Park Bros. & Co. v. Kelly Axe Manuf'g Co.
· 1892-01-29
Appeal (seller plaintiff in error) Granted

“the cause will be remanded to the circuit court for the district of Kentucky for further proceedings therein in conformity with this opinion”

Fox v. Perkins
· 1892-10-05
Appeal (patent owner appellant) Denied

“the judgment of the lower court should be, and the same is., affirmed.”

Mitchell Transp. Co. v. Chisholm
· 1892-10-03
Appeal (vessel owners appellant) Granted

“The decree of the district court condemning the Folsom and Mitchell is erroneous, and is accordingly reversed”

Treusch v. Ottenburg
· 1893-02-06
Appeal (plaintiffs in error (garnishees)) Denied

“Upon the whole case our conclusion is that there is no reversible error, and that 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 here. If you're preparing for a matter, start from the court's current bench.