Hardress Nathan Swaim
How Judge Swaim rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Swaim no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Swaim
Hardress Nathan Swaim was a judge of the United States Court of Appeals for the Seventh Circuit. Appointed by President Harry S Truman, Judge Swaim received a commission on February 10, 1950. Judge Swaim served until death on July 30, 1957.
How Judge Swaim decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Swaim treated a warrant that exceeded the probable-cause showing as invalid from the outset and required suppression of the resulting evidence.
“All we need know is that the warrant was not valid when issued. As a result the search was illegal.”
He required bankruptcy factfinders to make findings sufficient to reveal the factual basis for their legal conclusions.
“there must be findings * * which are sufficient to indicate the factual basis for the ultimate conclusion.”
After plaintiffs voluntarily dismissed their suit, Swaim remanded so the district court could exercise its discretion over whether to retain jurisdiction of the counterclaim.
“defendant is entitled to have the District Court exercise its judicial discretion in determining whether the court shall assume jurisdiction of the counterclaim”
Swaim treated an unappealed dismissal of an earlier complaint raising the same issues between the same parties as conclusive against the later complaint.
“Courts are not required to repeatedly determine the same questions and the same issues between the same parties.”
Cautions
In Henderson, Swaim reversed a draft-board conviction because the board wrongly discounted a Jehovah’s Witnesses governing-body appointment and lacked a factual or legal basis for its decision.
“There was no basis in fact or in law for such a finding.”
In a civil-rights complaint challenging a withheld letter, Swaim required facts showing how the withholding affected the prisoner's appeal rather than a conclusory allegation.
“his complaint should set forth facts establishing what that effect is instead of merely stating his conclusions as to it.”
Swaim required an unavailable declarant's affidavit to be trustworthy even if its statements were against the declarant's pecuniary interest.
“If the statements in the affidavit were against his pecuniary interest they fell far short of having been ‘made under circumstances regarded as rendering [them] trustworthy,’ one of the requirements which the petitioner admits was necessary to make the affidavit admissible.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Affirmed in part, reversed in part and remanded.”
“The judgment of the District Court is affirmed.”
“The order of dismissal is reversed and the cause remanded for further proceedings consistent with this opinion.”
“The order of the District Court is affirmed.”
“The order of the District Court is affirmed.”
“The order of forfeiture and judgment thereon is affirmed.”
“The judgment of the District Court dismissing this action is Affirmed.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a single assigned trial caseload.
A historical record
Judge Swaim 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.