John Erskine
Judge Erskine no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Erskine decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Protected the bankruptcy court's custody of estate property and required competing claimants to seek relief in the federal proceeding rather than use state process.
“he must seek his remedy in the national court.”
Treated federal bankruptcy law as controlling when a state exemption rule conflicted with Congress's uniform national scheme.
“And if any of the state exemption laws are in conflict with acts of congress they must yield;”
Procedural preferences
Required secured creditors who wanted to share in estate distributions to disclose the nature and priority of their liens for adjudication.
“if a creditor has a lien, either specific or general, and he wishes to protect it, he must disclose its particular character”
Read releases and similar instruments to carry out the parties' demonstrated intent rather than mechanically extending their effect beyond the stated bargain.
“Such, doubtless, was the intention of the parties to the instrument; and that intent is, in my judgment, effectuated by the language of the instrument itself.”
Cautions
Distinguished land-based commercial work from maritime service and refused to create an in-rem vessel remedy without a recognized maritime basis.
“The compressing of cotton is mere shore business, performed in cotton presses on land”
Would not allow state-court process to seize or displace property already within the bankruptcy court's control.
“any interference with it, unless by the permission of this court, was a contempt of its authority”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“I have carefully considered the able opinion of Mr. Register HESSELTINE, in Re Jesse H. Griffin, a bankrupt, and affirm his decision.”
“The decision of the register is affirmed. The clerk will certify accordingly.”
“his decision is therefore affirmed, and the clerk will so certify to Mr. Hessel-tine.”
“the decision of the register is correct, and it is approved.”
“The decision-of Mr. Register Murray is affirmed. The clerk will so certify.”
“The compressing of cotton is mere shore business, performed in cotton presses on land, the sole object being to prepare and fit it for more convenient carriage and stowage. It is not a maritime service and is not suable in rem.”
“It is, therefore, adjudged and decreed that the clerk do pay from the proceeds of the sale of the bark in the registry, to libellant $83.25, with interest from the date of the filing of the amended libel, with costs to 'be taxed by the court.”
“The decision of Mr. Register Hesseltine is affirmed.”
“It is, therefore, adjudged and decreed by the court, that each libellant be allowed for expenses of board at the rate of $6.00 per week”
“The decision of the register has been carefully considered, and is approved.”
“my conclusion is that the view he presents in regard to the effect of the lease. &c., is correct, and I affirm his opinion.”
“The judgment of Mr. Register Hesseltine is approved. The clerk of the United States court, southern district, will certify this opinion to Mr. Hesseltine.”
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 Erskine 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.