Charles Holland Duell
Judge Duell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Duell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For copending patent applications, Duell applied the preponderance standard to the junior interference party rather than a beyond-reasonable-doubt burden.
“Nilson’s patent was irregularly issued, as both applications were pending at the same time; therefore the rule applicable is that which requires the junior party to an interference to prove his case only by a preponderance of evidence.”
In malicious-prosecution litigation, he left malice to the jury and treated probable cause as a legal question only after the facts were fixed.
“Malice is a question exclusively for the jury, and while probable cause is a mixed question of law and fact, becoming a question of law after the facts are ascertained”
Procedural preferences
Duell enforced settled requirements for presenting a reviewable appellate record and treated departures as exceptional.
“It is neither fair to the trial court nor to litigants that plain and well-settled rules of practice should be ignored.”
He treated an authorized court rule as binding on courts and litigants until formally changed.
“A duly authorized rule undoubtedly has the force of law, and is binding upon the court as well as upon parties to an action, and cannot be dispensed with to suit the circumstances of any particular case.”
Cautions
Duell required notice that a package contained money before imposing common-carrier liability for its loss.
“To make a common carrier liable notice should be given that the package contains money.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The appeal must be dismissed, with costs. And it is so ordered.”
“The judgment will be affirmed, with costs, and it is so ordered.”
“No error was committed by the court below and the orders appealed from are affirmed, with costs.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Duell 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.