Louis FitzHenry
How Judge FitzHenry rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge FitzHenry no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge FitzHenry decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A criminal demurrer succeeded where alleged criticism of voluntary wartime fundraising did not amount to unlawful interference with military operations.
“the defendant’s demurrer to this indictment, in the light of the ultimate facts submitted, will have to be sustained.”
A directed verdict followed when the undisputed crossing evidence left no legally sustainable basis for a plaintiff's recovery.
“The motion will be allowed, and the jury instructed to find the defendants not guilty.”
A tax assessment's presumptive correctness yielded when competent proof established a lower historical inventory value.
“The findings of the Commissioner are prima facie correct, but not conclusive. They may be rebutted and overcome by competent proof.”
Procedural preferences
General discovery objections were overruled while the objecting party remained free to identify specific questions within the technically complex set.
“Defendant’s objections to the interrogatories of plaintiff, being general in their character, except as to the first three, the pro-' priety only of which is questioned, will be overruled.”
A constitutional right was not treated as waived without clear and affirmative evidence.
“Before a court can hold that a peráon has waived any of his fundamental constitutional rights, the court must be able to find that the contention of a waiver is sustained by clear and positive tes*491timony.”
Cautions
A temporary injunction was unavailable where the court lacked equitable authority to interfere with state criminal enforcement.
“this court has no jurisdiction to enjoin the defendants in the performance of their official duties.”
A bankruptcy sale free of liens could not proceed without the mortgage holders' request or consent.
“it was error to grant the prayer of the petition of the trustee to sell the real estate here involved free and clear of incumbrances, without the request or consent of the mortgage lienholders”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the defendant’s demurrer to this indictment, in the light of the ultimate facts submitted, will have to be sustained.”
“The motion for a preliminary injunction will be denied, and the motion to dismiss will be allowed.”
“The motion to return the property will be allowed; and it is so ordered.”
The court resolved a submitted utility-rate injunction action without a separable party-motion outcome.
“The holding of the referee will be reversed, and the cause re-referred to the referee, with the direction to treat the chattel mortgage in question as valid and binding.”
“defendant’s motion for a further bill of particulars will be denie'd.”
“Defendant’s objections to the interrogatories of plaintiff, being general in their character, except as to the first three, the pro-' priety only of which is questioned, will be overruled.”
The court resolved a submitted premium-tax action without a separable party-motion outcome.
“The motion will be allowed, and the jury instructed to find the defendants not guilty.”
“Elmer E. Landis, the bankrupt, at the time of his adjudication in bankruptcy, was the owner of a vested remainder of an undivided one-third interest in the real estate directed to be sold.”
The court allocated interpleaded insurance proceeds after resolving the submitted merits without a separable party-motion outcome.
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions include bankruptcy, tax, criminal procedure, labor, insurance, public utility, and commercial matters. No electronic records are available to quantify the tenure.
A historical record
Judge FitzHenry 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.