Charles Evans Whittaker
Judge Whittaker no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Whittaker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Uses equitable conscience to prevent a bankruptcy estate from retaining both property and an innocent purchaser’s payment after a void sale.
“The overriding equitable issue involved in this appeal is whether a bankruptcy trustee can, in conscience, be permitted, over the protest of an innocent purchaser, to retain both the real estate offered at auction, and the money paid for it by such innocent purchaser, at a void sale.”
Focuses condemnation review on whether the evidence supports the proper measure of just compensation.
“The Government contends on its appeal in this condemnation case that the District Court committed prejudicial error in rejecting its proffered evidence bearing upon the proper measure of just compensation, and in submitting an improper measure to the jury.”
Procedural preferences
Reviews jury instructions as a whole rather than isolating individual phrases.
“We find no substantial error in the rulings, or in the charge of the Court considered as a whole”
Respects a trustee’s contractual discretion while preserving judicial intervention for arbitrary action or abuse.
“Of course, the Trustee may not act arbitrarily in the exercise of this power, nor abuse his discretion in that regard”
Cautions
Separates adequately proved claims from unsupported ones instead of treating a multi-count judgment as all-or-nothing.
“It follows that the judgment upon Count 7 must be, and it is hereby, affirmed, but the judgment upon Count 6 must be, and it is hereby, reversed, and the cause, as to Count 6, is remanded for a new trial.”
Looks past industry labels to the actual function performed when applying a statutory exemption.
“Where a farmer thus uses extraordinary methods, we must look to the function performed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We find no substantial error in the rulings, or in the charge of the Court considered as a whole, and the judgment appealed from must be, and it is hereby, affirmed.”
“It follows that the judgment upon Count 7 must be, and it is hereby, affirmed, but the judgment upon Count 6 must be, and it is hereby, reversed, and the cause, as to Count 6, is remanded for a new trial.”
“The judgment on Count I is reversed. The judgment on Count III is reduced to, and affirmed in the amount of, $3,649.18, but is reversed insofar as it held that other life income beneficiaries of the trust were not entitled to seek or receive like treatment. The judgment on Count IV is affirmed, except insofar as it held that other life income beneficiaries of the trust were not entitled to seek or receive like treatment and in that respect it is reversed. The judgment on Count XI, insofar as it appointed a co-Trustee, is reversed.”
A historical record
Judge Whittaker 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.