Charles Breckenridge Faris

U.S. Court of Appeals for the Eighth Circuit circuit Retired 1938 · served 1935–1938 Appointed by Franklin D. Roosevelt (Democratic) 25 signed orders read

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

How Judge Faris decides

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

What persuades

Faris applied the law-of-the-case doctrine when a second trial revealed no material factual difference from the first appeal.

“We have found none such. As conclusively demonstrated in the careful and” able opinion of Judge Sanborn, rendered on the first appeal, the contract sued on is a mere “sales agency agreement, terminable at will by the Reno Company,””

He read statutes to avoid constructions that would produce absurd consequences.

“A well-settled rule of statutory construction enjoins courts not to attribute to the Legislature a construction which leads to absurd results.”

Procedural preferences

He enforced appellate filing deadlines as essential to Congress's goal of expediting criminal appeals.

“the plain duty of the courts to enforce these rules, so that the purpose of the Congress may be carried out.”

He gave substantial weight to the trial-level factfinder's superior opportunity to assess witness credibility.

“Therefore, where an issue in equity rests alone on the credibility of witnesses, the upper court may with entire propriety rest somewhat on the superior advantage of the lower court in determining a fact.”

Cautions

He required bankruptcy compensation to be tied to services that actually benefited the estate.

“we are unable to find in the record any substantial evidence that appellee firm did anything, or rendered any legal services, which so far redounded to the benefit of the estate as to warrant an allowance in its favor.”

Signed rulings

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

Broderick v. Great Lakes Pipe Line Co.
· 1935-09-23
Appeal (plaintiff appellants) Moot / procedural

“It follows, from the expression of our views and the conclusion reached in the McKee Case, that the appeal herein should be dismissed, with costs to be taxed against appellants, and so we order.”

Herb Ford, Inc. v. Ford Motor Co.
· 1935-12-17
Appeal (bankrupt corporation and directors appellants) Denied

“Because on bankruptcy the title to the chose in action did not pass to the appellants herein, but to the trustee in bankruptcy, and for the other reasons set out in the companion case above styled, this case should be affirmed with costs, which accordingly is ordered.”

Gallagher v. United States
· 1936-04-08
Appeal (criminal defendant appellant) Denied

“And so we are constrained to order that the case be affirmed, which accordingly we do.”

Sawyer v. United States
· 1937-03-06
Appeal (criminal defendant appellant) Denied

“In the light of the case of Galatas v. United States (C.C.A.) 80 F.(2d) 15, 16, and many others, the evidence conclusively proved the guilt of appellant, and finding no error to warrant reversal, we order that the case be affirmed.”

Crain v. Commissioner of Internal Revenue
· 1935-03-11
Petition for review (estate petitioners) Denied

“We are of opinion that, in ruling it was not, the Board of Tax Appeals was correct. It results that the case should be affirmed.”

Sproul v. Levin
· 1937-03-06
Appeal (bailee appellant) Granted

“It results from what has been said that the judgment of the court should be reversed and remanded to the end that it may be dismissed”

Smith v. Russell
· 1935-03-11
Appeal (former shareholders appellants) Denied

“The judgment below was correct and sho.uld be affirmed, which accordingly is ordered.”

McKee v. Great Lakes Pipe Line Co.
· 1935-09-23
Appeal (plaintiff appellant) Moot / procedural

“It follows that the appeal herein of appellant should be dismissed, at the cost of appellant, which accordingly is ordered.”

Rissieuw v. United States
· 1936-04-06
Appeal (criminal defendant appellant) Denied

“Since the contention of insufficiency is the sole error complained of, the case should be affirmed, and so we order.”

Kloss v. United States
· 1935-05-07
Appeal (criminal defendant appellant) Denied

“Lt results that the judgment should be affirmed, which accordingly wc order.”

Claiborne-Reno Co. v. E. I. Du Pont de Nemours & Co.
· 1935-05-06
Appeal (sales agent appellant) Denied

“It follows from what is said that the trial cottrt correctly ruled in holding that he was, upon the facts adduced on the trial below, concluded by the former opinion in this case, and the judgment is therefore affirmed.”

United States ex rel. Anderson v. Anderson
· 1935-03-11
Appeal (parolee appellant) Denied

“We are of opinion that the case was correctly ruled by the learned trial judge, and so it follows that the judgment should be affirmed.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Faris 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.