David Kellogg Cartter
Judge Cartter no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cartter decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In municipal-liability cases Cartter treated a city's own knowledge of a decaying public structure as sufficient notice, dispensing with proof of express notice of the specific defect.
“We hold that the knowledge of these facts was all the notice that was required in this case.”
Procedural preferences
He read statutory formalities for public contracting strictly: an agreement with a District board was unenforceable unless made in the prescribed written, signed form.
“when the statute has prescribed a certain form, it must be followed.”
Cautions
Cartter confined mandamus to strictly ministerial duties and refused it wherever the officer exercised discretion, repeatedly discharging the writ.
“The right to issue the writ of mandamus to officers of the Government is limited to cases where the duties to be performed are strictly ministerial”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judgment reversed and a new trial granted.”
“It is the judgment of this court that they have dedicated them to the public, and we, therefore, affirm the decision of the Commissioner of Patents.”
“This rule being applied it follows that the judgment below must be reversed.”
“The judgment must therefore be reversed, with leave to the plaintiff to amend as he may be advised.”
“The motion for nonsuit should therefore have been granted or the cause continued. Judgment reversed and cause remanded.”
“A majority of the court are convinced that the writ will not lie in this case.”
“the decree appealed from is therefore reversed, and the cause remanded to ’ the court below with directions to recommit the cause to the auditor with instructions to charge the cost of all permanent improvements to the heir”
“The judgment-is reversed and a new trial granted.”
“Judgment reversed and case remanded for a new trial.”
A historical record
Judge Cartter 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.