Erskine Mayo Ross

U.S. Court of Appeals for the Ninth Circuit circuit Retired 1928 · served 1895–1928 Appointed by Grover Cleveland (Democratic) 25 signed orders read

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

How Judge Ross decides

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

What persuades

Ross denied equitable relief when the claimant's own deceptive conduct made judicial assistance inappropriate.

“such deceptive, false, fraudulent, and unconscionable conduct as precludes a court of equity from affording it any relief.”

He treated a voyage-specific supply contract as maritime because its purpose was to enable the contemplated voyage.

“the sole object of the contract sued on was to enable that voyage to be performed.”

Procedural preferences

Ross required internally consistent verdicts when two counts arose from a single transaction.

“The two findings were thus wholly inconsistent and conflicting.”

He dismissed an attempted appeal from a decree that merely implemented the appellate mandate.

“The decree appealed from; being in accordance with the mandate of this court, is not appealable.”

Cautions

Ross rejected a fairness challenge when the administrative record showed notice, representation, briefing, and oral argument.

“We see in the record no ground for the sole contention here made that the applicant was not afforded a fair hearing before the officers of the Immigration Department.”

Signed rulings

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

Carroll Amusement Co. v. Ætna Insurance Co.
· 1923-10-08
Appeal (appellant) Denied

“The judgment is affirmed.”

Dupuis v. United States
· 1925-04-13
Appeal (appellant) Denied

“Tbe judgment is affirmed.”

Davison v. Walworth Manufacturing Co.
· 1925-04-20
Appeal (appellant) Denied

“The judgment is affirmed.”

Martin v. United States
· 1920-04-05
Appeal (appellant) Denied

“the judgment is affirmed.”

Selectasine Patents Co. v. Prest-O-Graph Co.
· 1921-10-24
Appeal (appellant) Denied

“The judgment is affirmed.”

Van Atta v. Montana National Bank
· 1921-09-12
Appeal (appellant) Denied

“The judgment is affirmed.”

Gong Sic Or v. White
· 1922-02-13
Appeal (appellant) Denied

“The judgment is affirmed.”

Glaudel v. Hiatt
· 1925-02-16
Appeal (appellant) Denied

“The judgment is affirmed.”

Rosenthal v. United States
· 1921-12-05
Appeal (appellant) Granted

“Judgment reversed, and case remanded for a new trial.”

Foster v. United States
· 1925-02-16
Appeal (appellant) Denied

“The judgment is affirmed.”

Millich v. United States
· 1922-08-07
Appeal (appellant) Granted in part

“The case is remanded to the court below, with directions to so modify the judgment as to omit the prescribed imprisonment of the plaintiffs in error under count 3 of the indictment, and, as so modified, the judgment will stand affirmed.”

Houston v. Rosborough
· 1924-02-04
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 Ross 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.