Elwood Hamilton
How Judge Hamilton rules, drawn from 14 signed orders. Every observation links to the order it came from.
Judge Hamilton no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hamilton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a forfeiture dispute, a prior criminal acquittal on the same facts barred the government from relitigating those facts as the basis for a statutory forfeiture.
“the judgment was directly on the point now involved, and between the same parties.”
The court limited a surety’s equitable interest to retained contract funds or sums unpaid when the contractor defaulted.
“confine the lien and equities of the surety to retained percentages or sums due but unpaid at the time of the contractor’s default.”
Procedural preferences
The court treated expansion of Kentucky’s exemptions to automobiles as a legislative choice rather than one for judicial extension.
“the matter of exempting automobiles from debts of the owner requires legislative action and cannot be accomplished by judicial interpretation.”
Bankruptcy fee awards accounted for the estate’s ability to pay as well as the lawyer’s work and results.
“the ability of the client to pay is an element to be taken into consideration”
Cautions
A lender seeking statutory relief from forfeiture had to investigate an automobile buyer’s liquor-law record after the government established such a record or reputation.
“The burden rests on the United States to first show that the claimant’s debtor has a record established by a court of competent jurisdiction for violating the liquor laws or a reputation for so doing.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the petitioner, Gates F. Young, liquidator of the Bankers Trust Company, is entitled to the $1,575 in the hands of the trustee”
“Petition for review will be denied.”
“The petition for review will be denied.”
“The claimant’s petition will be dismissed, and decree of forfeiture ordered.”
“H. M. Denton and Thomas S. Dawson, attorneys for the bankrupt and for its receivers, are allowed $350 for their services”
“The - receivers are each allowed $200, $100 of which shall be for expenses incurred by each of them-for • premiums on their bonds.”
“F! J. Miller is allowed $90 wages as a caretaker of the property”
“the order of the referee should be confirmed and the petition to review dismissed.”
“the bankrupt’s counsel should be awarded $750.”
“I believe a reasonable compensation for his services would be $1,700.”
“the demurrer to the petition should be sustained and the plaintiff declining to plead further, an order shall be entered dismissing the petition.”
“this court has no jurisdiction over the subject of this suit and it should be dismissed.”
“claimant’s intervening petition should be dismissed and forfeiture decreed.”
“the motion to dismiss the petition should be sustained.”
“to sustain the petition of the claimant and to dismiss the‘ information and return to the claimant the automobile seized”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions include bankruptcy, federal tax, forfeiture, insurance, procedure, public works, and criminal matters. No electronic records are available to quantify the short district-court tenure.
A historical record
Judge Hamilton 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.