John Benjamin Sanborn Jr.
Judge Sanborn no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Sanborn decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires an administrative agency to receive competent, material evidence before its decision is ready for judicial review.
“That a refusal by an administrative agency such as the National Labor Relations Board to receive and consider competent and material evidence offered by a party to a proceeding before it, amounts to a denial of due process is not open to debate.”
Defers to the labor board’s factfinding when the record supplies the evidentiary basis required for enforcement.
“The Board is the trier of the facts. This Court cannot retry them. Errors of fact committed by the Board, if any, are not subject to correction here.”
Procedural preferences
Treats mandamus as unavailable to review ordinary trial-management decisions that do not threaten appellate jurisdiction.
“This Court has consistently ruled that it may not in mandamus proceedings direct a district judge how to try a case, nor review and reverse an order made by him in the exercise of his jurisdiction, provided the order does not impair or defeat the appellate jurisdiction of this Court.”
Reconsiders an earlier rehearing ruling when controlling Supreme Court procedure requires review of cross-assigned trial errors.
“Under the procedure outlined and approved by the Supreme Court in the Montgomery Ward case, it seems apparent that this Court, after having determined that the judgment appealed from by the plaintiff was a nullity, was required to consider whether the judgment in favor of the plaintiff entered upon the verdict was also a nullity.”
Cautions
Rejects removal where the federal court effectively reached the merits of a controversy that was not removable.
“The judgment is reversed and the lower court directed to remand the case to the state court from which it was removed.”
Separates the validity of a criminal judgment from whether the defendant timely appealed that judgment.
“There are two reasons why the judgment cannot be reversed. The first is that the judgment is valid, and the second is that no appeal was taken from it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The complaint of the appellant, which was dismissed for failure to state a claim upon which relief can be granted, was substantially similar to that considered in the Love case. Upon the authority of the decision of this Court in that case, which has been filed this day, the judgment appealed from is affirmed.”
“The order of the Board is affirmed.”
“The appeal is dismissed for want of jurisdiction to entertain it.”
“The judgment is reversed and the lower court directed to remand the case to the state court from which it was removed.”
“The ruling of this Court upon the defendant’s first petition for rehearing to the effect that the defendant was not entitled to a new trial is withdrawn. The judgment from which the plaintiff appealed is reversed, the verdict and judgment in favor of the plaintiff are held to be invalid and are vacated, and the case is remanded with directions to grant a new trial.”
A historical record
Judge Sanborn 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.