Beverly Daniel Evans Jr.
Judge Evans no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Evans decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Read the entire timber reservation together, including the grantor's stated protective purpose, to give each clause a reasonable effect.
“I reach this conclusion by giving effect to the words of the exception, and of the grantor’s interpretation of them, so as to give to both a reasonable effect.”
Treated a longstanding, known practice of children entering a rail yard as capable of creating a duty to anticipate their presence and use ordinary care.
“where the circumstances are such as to raise a duty to anticipate the presence of a trespasser or licensee, then the railroad’s agents must exercise ordinary care in the discharge of that duty.”
Procedural preferences
Limited issue preclusion to the point actually decided in the earlier proceeding before ordering a rehearing on the broader fraud question.
“Before a judgment in a former case between the same parties shall be conclusive in another and later case, it is necessary that the point in issue shall be the same.”
Allowed a partnership action to proceed against the resident partner where governing law permitted several liability, without adjudicating the absent partner's rights.
“I think that the court may entertain jurisdiction,-and proceed to the trial and adjudication of the suit between the plaintiffs and the resident defendant, without prejudice to the nonresident defendant.”
Cautions
Enforced the rule against an agent indirectly becoming the purchaser of the principal's goods without informed consent.
“One cannot lawfully do by indirection what he is positively forbidden to do.”
Refused to shift the cost of an initial carrier's unauthorized routing error to a shipper who had replaced the original transportation contract.
“The connecting carrier’s remedy for its freight charges is against the initial carrier, and not against the shipper, with whom it had no privity of contract.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“a pendente lite injunction, in view of the other facts in the record, should be granted.”
“This rule was applied by the master, and I affirm his judgment, both on the law and the facts.”
“the corporation has not been served under the Georgia statute, which permits service on a corporation by serving its agent.”
“A judgment on the motion to apportion costs may be taken in accordance with the views herein expressed.”
“The connecting carrier’s remedy for its freight charges is against the initial carrier, and not against the shipper, with whom it had no privity of contract.”
“Under my view of the case, the principal is entitled to recover this amount, without deduction for commissions, with 7 per cent, interest thereon from the time the profits which came into the agent’s hands should have been remitted to the principal, agreeably to the written contract.”
“This principle, as applied to the allegations of. the petition, constrains me to overrule the demurrer.”
“I am of the opinion that the evidence is insufficient to deny a discharge to the bankrupt, and that the judgment of the master should be reversed, and the matter be reheard by him; and it is so ordered.”
“The amendment is allowed”
“the motion to dismiss is overruled..”
“a temporary injunction is refused, and the restraining order heretofore granted is revoked.”
“Wherefore the petition as amended should be dismissed, as provided in the order accompanying this opinion.”
“awarding judgment for the complainants in the amounts stated in the bill”
“commissioners be appointed for the sale of defendants’ interest in the shares of stock”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions predate electronic case-level dockets. The profile therefore makes no claim about complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Evans 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.