Maurice Herbert Donahue
Judge Donahue no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Donahue decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats substantial evidence as sufficient to sustain a verdict tied to the specific label and goods before the court.
“This general verdict is sustained by substantial evidence.”
Looks past highly technical assignments when the record shows a fair and impartial trial supported by the evidence.
“the defendant has had a fair, and impartial trial”
Procedural preferences
Requires preserved objections and does not credit an evidentiary challenge counsel accepted at trial.
“therefore content to have your honor overrule it as to cause”
Uses equity only when the pleaded facts justify compelled disclosure.
“presents no such state of facts as would require the intervention of a court of equity”
Cautions
Requires statutory actual receipt in addition to acceptance to enforce the sales transaction.
“there was not, under the recited circumstances, the “actual receipt” which section 8384 (1) requires in addition to acceptance.”
Does not grant an equitable preference when the claimant has no entitlement under the admitted facts and law.
“a court of'equity cannot grant a preference where, under the admitted facts and the law, the claimant is not entitled thereto.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the judgment of the District Court is affirmed.”
“The judgment of the District Court is reversed, and cause remanded”
“the judgment of the District Court is affirmed.”
“The judgment is reversed for error in the charge as above stated, and this cause is remanded”
“The judgment is affirmed, with costs, and cause remanded.”
A historical record
Judge Donahue 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.