Charles Evans Whittaker
How Judge Whittaker rules, drawn from 11 signed orders. Every observation links to the order it came from.
Judge Whittaker no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Whittaker
Charles Evans Whittaker was a judge of the United States Court of Appeals for the Eighth Circuit. Appointed by President Dwight D. Eisenhower, Judge Whittaker received a commission on June 5, 1956. Judge Whittaker previously served on the United States District Court for the Western District of Missouri, commissioned there on July 8, 1954. Judge Whittaker left the court on March 25, 1957 on appointment to the Supreme Court of the United States.
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.”
In Mills, Whittaker held that the district court should have admitted the government’s valuation evidence and let the jury decide whether the parcels constituted one tract for just-compensation purposes.
“should have received the proffered evidence and should have submitted the issue to the jury”
Procedural preferences
In Apperwhite v. Illinois Central Railroad, he assessed the jury charge as a whole and found no substantial error.
“We find no substantial error in the rulings, or in the charge of the Court considered as a whole”
In Raffety v. Parker, he recognized the trustee’s contractual discretion while requiring that it not be exercised arbitrarily or abusively.
“Of course, the Trustee may not act arbitrarily in the exercise of this power, nor abuse his discretion in that regard”
Cautions
In Hartman v. Lauchli, he affirmed judgment on one count but reversed another and remanded it for a new trial.
“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.”
In Mitchell v. Burgess, he examined the actual function performed rather than the worker’s label when applying the 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 here. If you're preparing for a matter, start from the court's current bench.