Amos Madden Thayer
Judge Thayer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Thayer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Thayer construed an ambiguous form contract against the drafter when the same language had already produced conflicting judicial decisions.
“Under these circumstances, it was the duty of the plaintiff to alter the form of its contract then in use so as to avoid the question whether it imposed a joint or a several liability which had theretofore given rise to conflicting decisions.”
Procedural preferences
He deferred to a trial court's refusal to permit a late answer when the applicant showed no genuine defense and appeared to be prolonging the case.
“When it is necessary to apply to a trial court for leave to file an answer to a complaint or declaration, we must concede to it the power to deny such leave, if it is satisfied that no real defense to the cause of action exists, and that the purpose of the application is merely to prolong the litigation.”
He left fact findings undisturbed when the evidence adequately supported the trial judge's conclusion.
“inasmuch as the case turned upon an issue of fact, and inasmuch as the evidence was fully adequate to justify the finding made by the trial judge, it should be allowed to stand.”
Cautions
He declined habeas intervention before a military tribunal had addressed a limitations defense that fell within its jurisdiction.
“The military court, in my opinion, has jurisdiction of the. person of the petitioner, he never having been discharged from the army, and the power to determine whether the plea of limitation which he interposes is a good and sufficient defense.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“wherefore the judgment of the United States court in the Indian Territory must he, and the same is hereby, affirmed.”
“The decree of the circuit court is accordingly affirmed.”
“The judgment of the circuit court, is reversed at the cost of the plaintiff in error, and the cause is remanded to the circuit court, with directions to dismiss the suit for want of jurisdiction, and at the plaintiff’s cost.”
“As the record discloses no material error, the judgment is affirmed.”
“The judgment of the circuit court is therefore affirmed.”
“For the error committed in giving the same, the judgment is accordingly reversed, and the case is remanded for a new-trial.”
“The judgment below is accordingly affirmed, on the authority of that case.”
“it follows that the petition for review must be dismissed, and it is so ordered, with directions to certify that fact forthwith to the district court.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Thayer 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.