Edwin Stark Thomas
Judge Thomas no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Thomas decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He overruled a bankruptcy master's recommendation where the specific findings did not support the general conclusion that the debtor had made a materially false credit statement.
“In view of the fact that the special findings failed to furnish support for the general finding of the Master, I am constrained to overrule his recommendation and to grant the petition for discharge.”
He ordered further testimony before decision when the existing materials raised doubts about fundamental issues and both sides could be heard equally.
“the only just and speedy and proper manner of deciding this case will be to take further testimony on any and all basic issues in this cause, with equal opportunity to both sides to enlighten the court.”
Cautions
He denied preliminary relief where answering affidavits placed material facts in dispute and the evidence did not show deception.
“The secretary, the estimator and the patent attorney of the defendant company, as well as three others, filed answering affidavits which clearly put in issue a number of the material facts set forth in the motion papers.”
He warned against using pleading motions indiscriminately when they merely delayed joinder of issue and burdened the court and counsel.
“The indiscriminate use of motions to expunge and correct prolongs unduly the joining of issue, and burdens the court and the profession with'much unnecessary and profitless labor.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The exception is therefore sustained; and it is so ordered.”
“The application for the appointment of a receiver must therefore be denied; and it is so ordered.”
“the prayer of the petitioner must be granted, and it is so ordered.”
“defendants’ objections- are overruled, and defendants are ordered to answer plaintiffs’ interrogatories Nos. 1, 2, and 3 in case No. 1911, and interrogatories Nos. 1, 2, 3, 4, and 5 in cases Nos. 1912 and 1913”
“The plaintiff’s motion to discharge the order to show cause and dismiss the petition for leave to file a bill of review is granted.”
“The writ is therefore dismissed, and the prisoner remanded”
“the demurrer to the affirmative defense is overruled.”
“judgment must be entered for the defendant with costs to abide the event, and it is so ordered.”
“judgment should go to the plaintiff for the sum of $2,000 and costs.”
“I, therefore, direct that judgment be entered for the plaintiff and against the defendants”
“the Court adheres to the conclusions and decision as set forth in the opinion filed Nóvember 11, 1937, and it is so ordered.”
A historical record
Judge Thomas 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.