Willis Van Devanter
Judge Devanter no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Devanter decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Van Devanter enforced unambiguous written instruments rather than allowing negotiation evidence to vary their terms.
“the certain and unambiguous terms of the latter can be contradicted or varied by parol evidence of the negotiations which resulted in their execution and acceptance.”
Procedural preferences
He required habeas review to proceed through the statutorily authorized appellate vehicle.
“Such an order is not subject to review upon writ of error, but only upon appeal”
He treated the distinction between a writ of error and an appeal as a jurisdictional limit the parties could not waive.
“Moreover, the distinction between a writ of error and an appeal is jurisdictional, and cannot be waived by the parties or disregarded by the court.”
Cautions
He treated an unpreserved competency objection as waived when it was not raised during trial.
“But however that may be, the objection' was not made when the witness was sworn nor at any time during the trial, and it must therefore be held that the plaintiff in error acqúiesced in what was done, and waived the question of the competency of the witness.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment is reversed, with a direction to grant a new trial.”
“We think the ruling upon the demurrer was right, and the judgment is accordingly affirmed.”
“The judgment will be reversed, and the case remanded for a new trial, unless the defendant in error, by a proper remittitur in the court below, remits from the judgment $150, the largest value given to the cattle shed by the evidence, together with a proportionate amount of any interest which may have' accrued upon the judgment, and files-a certified transcript of such remittitur in this court within 40 days from the filing of this opinion, in which event the judgment will be-affirmed at the costs of the defendant in error.”
“The order complained of is vacated, and the case is remanded to the District Court, with instructions that such further proceedings be had upon the last certification of the referee as may not be inconsistent with the views herein expressed.”
“As no error is disclosed by the record, the judgment is affirmed.”
“The decree is reversed, with instructions to enter a decree permanently enjoining defendants as prayed, but embodying the conditions named in their written assent. •”
“The judgment is reversed,, with a direction to grant a new trial.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Devanter 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.