William Hitz
Judge Hitz no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hitz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Hitz focused a municipal-negligence trial on whether the roadway was reasonably safe, not whether a newer engineering system might have been better.
“the issue before the jury, which was not whether the system in use was of earlier or later type, better or worse than another, but whether the roadway involved as then constructed was reasonably safe for the passage of traffic.”
He treated a township engineer's street, sewer, water, and lighting work as an essentially governmental function for tax purposes.
“We are of opinion that such work is essentially a governmental function”
Hitz enforced the insurance statute's disclosure requirement despite policy language attempting to define the contract without attaching the application.
“And the company cannot avoid operation of the statute by including in its policy some statements of the application, while omitting the application itself.”
Procedural preferences
Hitz treated a challenge to the weight of the evidence on a new-trial motion as outside the assignable errors recognized in federal appellate practice.
“According to federal practice this is not assignable as error.”
He ordinarily declined a separate appeal over costs once the merits judgment had become final.
“The matter of costs, when independent of the main questions in litigation, is ordinarily not open to appeal or review.”
Hitz recognized the trial court's inherent authority to revise its judgments throughout the term in which they were entered.
“A court of general jurisdiction has inherent power over its orders, judgments, and decrees throughout the term in which they are pronounced”
Cautions
Hitz required prejudice before a defect of form in a criminal charging instrument could justify reversal.
“defects or imperfections in matter qf form will not avail him on motion in arrest or on appeal, unless it appears that he was prejudiced thereby.”
He cautioned that character-based inferences are too unreliable for the certainty expected in legal tribunals.
“such inferences are too vague and unreliable for that degree of certainty which should prevail in legal tribunals.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The decision of the Board of Tax Appeals being right is affirmed.”
“The decision of the Board of Tax Appeals, being without error, is affirmed.”
“So much of the decree appealed from in this cross-appeal awarding costs to plaintiff is affirmed, with costs.”
“It follows that the judgment of the juvenile court should be affirmed, and it is so ordered.”
“wherefore we affirm the judgment based upon their verdict in the wife’s case numbered 5536.”
“The questions involved are there discussed and decided, and for the reasons there assigned the judgment is affirmed.”
“We are of opinion that it does, and consequently that the order appealed from must be reversed, and the cause remanded for further proceedings not inconsistent with this opinion.”
“The appeal is dismissed and the case remanded to the trial court, which action disposes of the appellee’s motion to dismiss.”
“In the view we take of the applicable statutes, the Commissioner was clearly right, and we consequently affirm the decision of the Board.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Hitz 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.