Elmer Bragg Adams
Judge Adams no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Adams decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Adams reversed a criminal conviction when possession alone did not prove that liquor had been carried into the territory from outside Oklahoma.
“The mere possession of whisky by any person within that part of the state known formerly as Indian Territory, without any proof of where it came from, or when it was brought into that territory, constitutes no federal offense, and is wholly insufficient to justify conviction under the act of March 1, 1895.”
Procedural preferences
He required litigants to use the appellate vehicle Congress provided when review depended on disputed facts.
“In such circumstances the proper remedy is an appeal under the provisions of section 24 (a) of Act July 1, 1898, c. 541, 30 Stat. 553 (U. S. Comp. St. 1901, p. 3431), and not a petition to revise under section 24 (b).”
He enforced briefing rules requiring each claimed error to be stated specifically enough for review.
“They have conspicuously failed to conform to the rule of our court which requires them to set out separately and particularly each error asserted and intended to be urged.”
Cautions
He treated trial-court findings on conflicting evidence as presumptively correct on appeal.
“When the trial court has considered conflicting evidence and made its findings of fact thereon, they must be taken to be presumptively correct”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment is reversed, and the cause remanded to the circuit court, with directions to grant a new trial.”
“The liberal policy of the law towards honest homestead settlers dictates an affirmance of the decree below, and it is so ordered.”
“The Circuit Court properly dismissed the bill, and its decree is accordingly affirmed.”
“The judgment of the trial court was .clearly for the right party, and is accordingly affirmed. ,.”
“On their authority the action of the court below in directing a verdict for the defendant must be affirmed, and it is so ordered.”
“The order of the District Court, denying the petition of appellant, was right, and is affirmed.”
“The judgment must be reversed, and the cause remanded for a new trial in harmony with the views herein expressed. It is so ordered.”
“The principles announced in the main case necessitate a reversal of the decree and dismissal of the bill in this subordinate case, and it is so ordered.”
“the decree in this must be reversed, and the cause remanded to the Circuit Court, with directions to enter a decree awarding complainant the injunctive relief prayed for. in the bill, and conforming in other respects to the views expressed in the opinion in that case.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Adams 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.