John Caskie Collet
Judge Collet no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Collet decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Collet treated the privilege against self-incrimination as personal rather than a means to shield others.
“Of course, a man cannot be forced to give evidence against himself. But it is also an axiom of the law that he may not use the constitutional privilege of not giving evidence against himself to protect others.”
He required evidence of mutual assent before finding that parties had rescinded a contract.
“We are unable to find in the record any reasonably clear evidence that there was a mutual agreement and understanding to rescind the original contract.”
Procedural preferences
He would not allow federal equity jurisdiction to function as an appeal from state-court judgments.
“The equitable jurisdiction of the District Courts of the United States may not be invoked for that purpose.”
He treated a local bankruptcy rule as invalid when it conflicted with controlling national procedure.
“Since General Order 56 limits the authority of the District Courts to the making of local rules which are not inconsistent with the General Orders and General Order 37 makes Rule 41 (a) (1) applicable to the withdrawal of claims, the local rule insofar as it conflicts with Rule 41(a) (1) is invalid.”
Cautions
He required jury instructions to present the controlling written-contract issue when the evidence supported it.
“It should have been instructed that if that question was answered in the affirmative, plaintiff was bound by it and could not recover more than the amount tendered, for there was no ambiguity in the terms of the pay line width provision of the purchase order.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The appellees were not liable under the facts stated in a civil action for damages for those acts, The judgment of the trial court was correct and is affirmed.”
“For the reasons stated in that opinion, the order of the District Court dismissing plaintiffs’ complaints is affirmed.”
“The judgment appealed from is' reversed and the cause remanded to the District Court with directions to grant defendant a new trial.”
“For the reasons noted the cause is reversed and remanded for a new trial.”
“Affirmed in part and reversed in part.”
“The order and judgment of the trial court is therefore affirmed.”
“Since wé agree, the judgment should be and is Affirmed.”
“The order of dismissal was proper and is Affirmed.”
“The judgment is reversed and the case remanded for a new trial upon the evidence already adduced and such further relevant evidence, if any, as either party may desire to offer, and without prejudice to the pleadings being amended.”
“The cause is reversed and remanded with directions to enter judgment for the plaintiff with such penalty and attorney fees as may be just and proper.”
“The judgment of the trial court dismissing the direct appeal from the commissioners’ award to the United States District Court is affirmed. The order of the trial court denying the motion to remand the proceedings removed from the district court of Iowa to the United States District Court is reversed with directions to grant the motion and remand the cause.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Collet 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.