Charles Irving Dawson
Judge Dawson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Dawson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Dawson treated practical worthlessness, rather than nominal post-receivership trading, as the decisive fact in fixing the year of a stock loss.
“No sensible person, under the record in this ease, would have done otherwise than to treat his investment in Banco stock as a total loss in December, 1930.”
Dawson applied Kentucky exemption law in bankruptcy and protected homestead and dower interests against unsecured creditors.
“Therefore bankruptcy does not work any forfeiture of the bankrupt’s homestead rights nor of his wife’s dower rights under the state law;.”
Procedural preferences
Dawson required a tax-refund plaintiff to litigate only grounds first presented to the Commissioner, while permitting new supporting evidence in court.
“the taxpayer who brings suit after refund has been denied may rely for recovery only on the grounds presented to the Commissioner”
Dawson declined federal habeas relief when the prisoner had not used available state procedures capable of correcting the asserted constitutional error.
“He has voluntarily waived the rights which the state law gave him, which would have fully protected him against the trial by a judge pecuniarily interested, and I do not think that he can now be heard to complain in this character of proceeding.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“An order will be entered striking the answer and counterclaim, and unless the defendants plead further, within fifteen days from the date of the entry of such order, a final decree may be prepared in accordance with the prayer of the bill.”
“I do not think the plaintiffs are entitled to the relief sought.”
“I am therefore of the opinion that the taxpayer was fully within his rights when he claimed his investment in this stock as a deductible loss, sustained in the year 1930, and judgment may be drawn in harmony with the views herein expressed.”
“The referee should enter an entirely new order of sale, and direct the 300-acre tract to be sold free of the bank’s mortgage lien, of the husband’s homestead rights, and of his wife’s dower rights.”
“An order will therefore be entered, dismissing the original and amended petitions.”
“I think the damage claimed, however, because the increased depth of the stream lessens its attractiveness as a boating stream, is too conjectural and. uncertain to authorize any recovery to the plaintiff on that ground alone.”
“this sum of $4,500 is fair compensation to the plaintiff for the destruction of its parking space.”
“It seems to me, under all the proof and from what I myself saw, that $2,000 will fully compensate the plaintiff for all other land *804taken, including the destruction of and damage to its landing place.”
“Aside from these defects, however, the demurrers must be sustained.”
“I am unable to agree with the plaintiff’s contention that the amount represented by this debenture stock must be treated as borrowed money.”
“For this reason I do not feel justified in adjudging the policy still in force, upon the theory on which this case has been prepared”
“This can be done by setting aside the order of submission and allowing the plaintiffs to plead, by amendment, that the policy had matured by reason of the fact that the deceased veteran, at the time he was discharged from the Army, and at the time he ceased payment of premiums, was then suffering from a total permanent disability.”
“As this took place in.1920, it follows, of course, that its value cannot be treated as income received by the plaintiff in 1919.”
“Therefore title to these rails did not pass to the plaintiff until the termination of the lease in April, 1920, and then only by virtue of the fact that the lessee voluntarily turned them over to the plaintiff with the rest of the leased premises and property.”
“I hold that the sum of $4,648.61, spent by the lessee in this respect, must be treated as income received by the plaintiff in 1919.”
“I feel constrained to follow the rule herein announced, and the demurrer to paragraph 4 of the amended answer will be overruled.”
“For the reasons stated, I decline to issue the writ.”
Caseload & timing
From public federal docket records for this judge.
No assigned electronic docket sample was available for a historical caseload description.
A historical record
Judge Dawson 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.