Bascom Sine Deaver
Judge Deaver no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Deaver decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Deaver was willing to reject uncontradicted testimony when its content and delivery made it inherently improbable.
“However, positive uncontradicted testimony may be disregarded because of its inherent improbability.”
He treated constitutional due process as controlling even when procedural protections had imposed substantial public costs.
“The Constitution says that no person shall be deprived of life, liberty, or property without due process of law. It contains no provisos, limitations, or exceptions.”
Procedural preferences
Deaver required habeas petitioners to use adequate state corrective processes before seeking federal intervention.
“It not appearing that there are not available adequate remedies in the state courts, this court has no right to intervene, and to interrupt the orderly processes of the state.”
He would not allow a bankruptcy court to relinquish control of a disputed lien before determining whether the estate had value to administer.
“Jurisdiction over.such a contest cannot be surrendered, if'there is jurisdiction of the bankruptcy case itself.”
Cautions
Deaver required a concrete showing of immediate, serious irreparable loss before enjoining a pending state penal proceeding.
“no injunction should be granted by this Court pending final disposition of that case unless irreparable loss, both great and immediate, would otherwise result”
He declined prospective injunctions when the record showed good-faith compliance and corrective action made future relief unnecessary.
“Congress did not intend that a court should issue an injunction where there has been a bona fide effort to comply and where the attitude of the employer has been cooperative and not antagonistic, and where injunction is not necessary and would have no value in securing future compliance.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Whereupon, it is considered, ordered and adjudged that plaintiff, Troy W. Moss, do have and recover of defendant, Postal Telegraph-Cable Company, the sum of $358.19 unpaid compensation for his services, $358.-19 liquidated damages, $100 attorney’s fee, and costs of this case.”
“Mrs. B. G. Porter, as administratrix of the estate of B. G. Porter, deceased, is entitled to recover from defendant the sum of $345.77, as set out in the Findings of Fact, and an additional equal sum as liquidated damages, and also the further sum of $400 attorneys’ fees.”
“Whereupon, judgment is hereby entered in favor of the plaintiff and against the defendant for the sum of $50,865.17, principal, and $3,865.75 interest to date, together with future interest on said principal sum at the rate of 6% per annum, and costs of this case.”
“The defendants, H. N. Bates and Swift and Company, a corporation, all of its officers, representatives, agents, employees and servants, and all persons acting or claiming to act on behalf of or under the defendants, be and they are perpetually enjoined and restrained”
“Whereupon, it is considered, ordered and adjudged that the prayers of the plaintiff for a preliminary injunction be, and the same are, denied.”
“Upon the agreed facts, and for the reasons above stated, I find for the plaintiff in the sum of $8,196.52, principal, with interest thereon at the rate of 6 per centum per annum from August 10, 1925, to a date preceding the date of the refund by cheek by not more than 30 days.”
“The writ will be discharged and the petitioner remanded to the custody of the state.”
“That plaintiff is under no duty to ' defend any suit against Melvin Handley growing out of said accident and is not liable to pay any judgment that may be obtained against him in any such suit.”
“Plaintiff is bound to defend any suit against W. M. Allen growing out of said accident and is bound to pay any judgment that may be therein obtained within the limitation contained in said policy as to amount.”
“That plaintiff is not entitled to any permanent injunction against said suits.”
“That the temporary injunction, heretofore granted, is hereby dissolved.”
“An order will accordingly be made granting the relief prayed for.”
“The petition for review of the order overruling and denying the ‘plea’ should be denied, and the order confirmed.”
“The petition for review of the order dissolving the restraining order and granting permission to foreclose outside of the bankruptcy court should be sustained and the order reversed, and the case remanded to the referee for further action.”
“the proceeds of the poliey go to the surviving children of the insured to the exclusion of the administrator and to the exclusion of the beneficiary’s minor child, who was the grandchild of the insured.”
“The law applied to the faets as found does not authorize a recovery by the plaintiff.”
A historical record
Judge Deaver 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.