James Alger Fee
How Judge Fee rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Fee no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Fee
James Alger Fee was a judge of the United States Court of Appeals for the Ninth Circuit. Appointed by President Dwight D. Eisenhower, Judge Fee received a commission on April 30, 1954. Judge Fee previously served on the United States District Court for the District of Oregon, commissioned there on December 23, 1931. Judge Fee served until death on August 25, 1959.
How Judge Fee decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Fee treated a nonmalicious response to a public political attack as conditionally privileged.
“He who seizes the sword may be wounded by a sword.”
Procedural preferences
Fee required trial of disputed facts that controlled both jurisdiction and the merits.
“where there are allegations of key jurisdictional facts which are controverted, there always exists power to try the issues thus made.”
Fee resisted using extraordinary writs to supervise ordinary incidents of ongoing trial-court litigation.
“The appellate courts will not supervise the daily incidents of an action in court or a trial by mandamus or prohibition.”
Cautions
Fee expressly disapproved a protective appeal that could not affect the taxpayer's case.
“The taking of the appeal was not justified, and we express our disapproval of such a step.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment is reversed and set aside. ... The cause against Benbow is dismissed for want of jurisdiction. Since there can be no harm in amending the complaint by striking out allegations as to a defendant over whom the Court has no jurisdiction, the case may proceed to another trial as if originally filed against the United States alone.”
“The case is reversed with direction that the motion to dismiss be denied and plaintiff be given the opportunity to amend the complaint.”
“The cause is remanded for trial of the issues of fact.”
“The proceeding is dismissed for lack of jurisdiction.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Fee no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.