Walter Evans
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
Evans applied a strict-construction principle before allowing criminal punishment under a federal statute.
“Before a man can be punished, his case must be plainly and unmistakably within the statute.”
Evans treated a life-insurance policy's exempt surrender value as property that never entered the bankruptcy estate.
“the title to exempt property never passes to the trustee, and we think the surrender value in this case did not pass to that officer.”
Procedural preferences
Evans held that a bankruptcy court must examine the amount and legality of a tax claim voluntarily filed in the case.
“the court has the power, and it is its duty, to examine into any question which may arise as to the amount or the legality of the taxation claimed”
Evans remanded a removed action when the plaintiff had neither waived the venue objection nor submitted to federal jurisdiction.
“There being nothing in this case indicating any waiver by the plaintiff of any question of venue, nor any submission to the jurisdiction of the court”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“its motion to file said amended petition for removal should he and it is sustained”
“the plaintiff’s motion to remand the case to the Henderson circuit court should be denied and overruled.”
“the plaintiff’s demurrer to paragraphs 2, 3, and 4 of defendant’s answer should be overruled.”
“the motion to remand must be, and it is, sustained.”
“Accordingly in each of these cases the motion of the United States will be overruled.”
“The petition for review is dismissed, and the orders of the referee ¡upon the subject approved.”
“It results that the bill of complainant must be dismissed, with costs.”
“we will overrule the demurrer of the defendant”
“The question of discharge will be determined upon the coming in of the supplemental or amended report.”
“For these reasons, the orders of the referee will be reversed and set aside.”
“Judgment will be entered for the penalty of $100 and the costs of this suit.”
“will, therefore, find and adjudge that the «defendant is not guilty as charged in the petition.”
“the order sought to be reviewed will therefore be reversed, with directions tore-examine the claim on behalf of the United States, and ascertain the correct amount due thereon.”
“the motion to remand should be and it is overruled”
“those amended affidavits may be filed”
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 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.