Henry Clay Caldwell
Judge Caldwell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Caldwell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Caldwell relied on written instruments rather than evenly balanced parol testimony when construing the parties' property rights.
“There is a*good deal of parol testimony in the record touching this question, hut, if such evidence is competent, it is too conflicting, and too nearly balanced, to vary the legal effect and construction of the written contracts and deed.”
He rejected the premise that property held by a federal receiver or trustee is immune from otherwise valid state taxation.
“It is a grave mistake to suppose that property in the possession and custody of an officer of the federal court by that single fact enjoys immunity from taxation.”
Procedural preferences
He treated the introduction of defense evidence after an overruled demurrer to the plaintiff's proof as a waiver of that demurrer.
“This demurrer was interposed at the close of the plaintiff’s evidence, and, when overruled by the court, the defendant proceeded to introduce its evidence. This was a waiver of the demurrer.”
He deferred to a chancellor's resolution of conflicting evidence unless the finding was clearly against the weight of the record.
“The finding of the chancellor in the lower court on a question of fact is presumptively right, and will not be disturbed unless the appellate court can clearly see that, it is opposed to the weight of evidence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the judgment of the circuit court is affirmed on the authority of that case.”
“On the authority of Carnegie, Phipps & Co. v. Hulbert, the judgment of the circuit court is affirmed.”
“the judgment of the court below is affirmed on the authority of that case.”
“on the authority of that case the judgment of the circuit court is affirmed.”
“The judgment of the court below is therefore reversed, and the cause remanded for a new trial.”
“is reversed on the authority of that case, and remanded with like instructions.”
“The judgment of the court below is therefore reversed, and the cause remanded for a new trial.”
“The appeal, not having been taken within 6 months, as required by the act establishing this court (26 Stat. 829, c. 517, § 11), must be dismissed, and it is so ordered.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Caldwell 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.