Francis Elisha Baker

U.S. Court of Appeals for the Seventh Circuit circuit Retired 1924 · served 1902–1924 Appointed by Theodore Roosevelt (Republican) 25 signed orders read

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

How Judge Baker decides

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

Procedural preferences

Baker required the appellant to preserve and transmit the evidence needed to show error; an incomplete appellate record did not create a presumption against the trial court.

“there is no room for contending that error must be presumed.”

Cautions

Evidence obtained through an unconstitutional search could not be used to build the prosecution's case.

“Cases of this kind must be judged as if the illegal seizure had never been made.”

A wharf owner was not an insurer but had to use reasonable diligence to identify hazards in berths offered to vessels.

“Though a wharfinger is not a guarantor of safety, he must use reasonable diligence to ascertain the condition of the berths into which he invites vessels”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Lundie v. Sellers Manufacturing Co.
290 F. 811 (7th Cir. 1923) · 1923-04-18
Appeal (patent owner/appellant) Denied

“The decree is affirmed.”

Sheahan v. Mayer
290 F. 812 (7th Cir. 1923) · 1923-04-18
Appeal (patent owners/appellants) Denied

“The decree is affirmed.”

Glaser v. United States
289 F. 255 (7th Cir. 1923) · 1923-04-18
Appeal (naturalized citizen/appellant) Denied

“The decree is affirmed.”

Milwaukee Printing Co. v. Stover
290 F. 387 (7th Cir. 1923) · 1923-04-18
Appeal (defendants-appellants) Denied

“Affirmed.”

First Trust & Savings Bank v. Smietanka
268 F. 233 (7th Cir. 1920) · 1920-10-05
Appeal (taxpayer/plaintiff-in-error) Granted

“The judgment is reversed, and the cause remanded for further proceedings in consonance with this opinion.”

City of Chicago v. Postal Telegraph Cable Co.
289 F. 254 (7th Cir. 1923) · 1923-04-18
Appeal (city-appellant) Denied

“The decree is affirmed.”

Zimmerman v. United States
277 F. 965 (7th Cir. 1921) · 1921-12-22
Appeal (criminal defendant/plaintiff-in-error) Granted

“The judgment is reversed, with the direction to quash the indictment.”

Investment Service Co. v. Fitch Publishing Co.
291 F. 1010 (7th Cir. 1923) · 1923-06-29
Appeal (publisher-appellant) Denied

“The decree is affirmed.”

Holy v. United States
278 F. 521 (7th Cir. 1921) · 1921-12-16
Appeal (criminal defendant/plaintiff-in-error) Denied

“The judgment is affirmed.”

Morey Linotyping Co. v. Chicago Lino-Tabler Co.
258 F. 888 (7th Cir. 1919) · 1919-04-29
Appeal (patent defendant/appellant) Moot / procedural

“The appeal is dismissed.”

Stromberg Motor Devices Co. v. Zenith Carburetor Co.
254 F. 91 (7th Cir. 1918) · 1918-09-14
Appeal (patent owner/appellant) Denied

“The order is affirmed.”

Berry v. United States
275 F. 680 (7th Cir. 1921) · 1921-03-29
Appeal (criminal defendants/plaintiffs-in-error) Granted

“The judgment is reversed, with direction to grant a new trial.”

Caseload & timing

From public federal docket records for this judge.

Circuit judges do not carry a single assigned trial caseload.

A historical record

Judge Baker 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.