Richard Henry Alvey
How Judge Alvey rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Alvey no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Alvey
Richard Henry Alvey was a judge of the United States Court of Appeals for the District of Columbia Circuit. Appointed by President Grover Cleveland, Judge Alvey received a commission on April 15, 1893. Judge Alvey retired on January 1, 1905.
How Judge Alvey decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Alvey treated bail as appropriate when confinement during appellate review would otherwise make the asserted right to appeal practically worthless.
“If, however, bail be not allowed during the pendency of the appeal, the mere right of appeal, if such right exists for the cause alleged, would be without beneficial effect and valueless to the party.”
Even after a demurrer to the whole bill, he allowed amendment when rigid dismissal would frustrate justice and the pleading defect appeared curable.
“But this is not always the course that the court will pursue where it can perceive that justice requires a different course.”
Procedural preferences
Alvey placed responsibility on the appellant to provide a transcript sufficient for the court to decide issues raised by either side.
“it is the duty of the appellant in all cases to produce and file in this court a sufficient transcript of the proceedings below to enable this court to decide all the questions that may be properly presented on the appeal”
In In re Howgate, Alvey denied an application for an interlocutory criminal appeal because review remained available after final judgment.
“We must therefore deny the application for the allowance of an appeal.”
Cautions
Alvey treated official interdepartmental communications made in the course of duty as absolutely privileged against a libel action.
“a communication relating to state matters by one officer of state to another in the course of his official duty is absolutely privileged and cannot be made the subject of an action for libel.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The petition, therefore, must be dis-. missed, and it is so ordered.”
“Decision of Commissioner affirmed and certificate directed.”
“Judgment reversed, and cause remanded for judgment in accordance with tbe foregoing opinion. Reversed.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Alvey 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.