Kimbrough Stone

U.S. Court of Appeals for the Eighth Circuit circuit Retired 1958 · served 1916–1958 Appointed by Woodrow Wilson (Democratic) 25 signed orders read

Judge Stone no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Stone decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Stone treated unpreserved sufficiency challenges as unavailable for appellate review after a bench trial.

“In such state of the record, the sufficiency of the evidence to sustain the findings is not open to review in this court.”

Procedural preferences

He described mandamus as an extraordinary remedy unavailable when an appeal could protect the parties.

“there are no particular circumstances which require use of this extraordinary writ of mandamus to preserve the rights of the parties completely.”

He directed immediate mandates when an appeal was frivolous.

“This appeal is so wanting in merit that it is frivolous.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

First Savings Bank & Trust Co. v. Stuppi
· 1924-11-05
Appeal (appellant) Granted in part

“Our conclusion is that the order should be modified to the extent of making the net rents in the hands of the trustee to the amount of $2,188.49 applicable to payment of the balance due on appellant’s debt. With this modification, the order is affirmed..”

School District No. 1, City of Plattsmouth, Nebraska v. Pomerene
· 1925-04-13
Appeal (appellant) Denied

“The judgment is affirmed.”

City of Boulder v. Lewis
· 1927-10-17
Petition for leave to file mandamus (petitioner or movant) Denied

“Therefore, this petition for leave must be and is Denied.”

Hickey v. Williams
· 1927-11-10
Petition for writ of mandamus (petitioner or movant) Granted

“Therefore, we deem it prudent to grant tbe petition for tbe writ and order that tbe writ issue”

Brown v. United States
· 1930-04-16
Appeal (appellant) Denied

“For the reasons expressed in the opinion in that case, we think the judgment in this case should be, and it is, affirmed.”

W. N. Matthews Corp. v. Alliance Securities Co.
· 1930-07-18
Petition for rehearing (petitioner or movant) Granted in part

“The petition for rehearing will be denied, but the opinion and order of this court will he modified as above.”

Markinkovitch v. United States
· 1931-08-24
Appeal (appellant) Denied

“The judgment is affirmed, and it is ordered that the mandate issue forthwith.”

Kunze v. Auditorium Co.
· 1931-09-04
Appeal (appellant) Moot / procedural

“Following the practice of the Supreme Court in such eases, the cause will be remanded to the trial court, with directions to vacate its order granting the temporary injunction and to dismiss the bill because the case has become moot, without costs to either party.”

Gerin v. McDonald
· 1933-03-21
Appeal (appellant) Denied

“Our conclusion is that neither of the two grounds of attack upon the will are effective, that the trial court was right in so holding, and that the decree should be, and is, affirmed.”

Lewis v. United States
· 1933-03-24
Appeal (appellant) Denied

“The judgment is affirmed, and the mandate will issue forthwith.”

Hineline v. Molyneaux
· 1934-11-19
Petition for writ of mandamus (petitioner or movant) Denied

“In this situation, and without examination of the merits of the controversy, it ie our duty to deny the application for the writ.”

Becher v. Sidner
· 1937-02-04
Appeal (appellant) Denied

“The judgment is affirmed.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Stone 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.