Edward Henry Durell

How Judge Durell rules, drawn from 1 signed order. Every observation links to the order it came from.

Judge Durell no longer hears cases. This profile is preserved as a historical record of how they ruled here.

Court
U.S. District Court for the Eastern District of Louisiana
Position
District judge
Status
Deceased
Served
1864–1866
Appointed by
Abraham Lincoln (Republican)
Commissioned
February 17, 1864
Education
Harvard University, A.B., 1831; read law, 1834
Signed orders read
1

About Judge Durell

Edward Henry Durell was a judge of the United States District Court for the Eastern District of Louisiana. Appointed by President Abraham Lincoln, Judge Durell received a commission on February 17, 1864. Judge Durell was reassigned to another court on July 27, 1866.

How Judge Durell decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He read the federal bankruptcy power as superior to and exclusive of state jurisdiction over the estate a debtor surrenders, so that no state-court process could withdraw the property or dictate how it is disposed of.

“The jurisdiction of a district court of the United States sitting as a court of bankruptcy, is superior and exclusive in all matters arising under the statute.”

He harmonized the federal bankruptcy power with Louisiana's civil-law mortgage regime, reasoning that because a Louisiana mortgagee bargains only for a sale (not possession or common-law foreclosure), a bankruptcy sale protects the mortgagee's interest as fully as state law would.

“in Louisiana a sale of the land is all that the mortgagee bargains for, and such sale is secured by the bankrupt act as fully as by the laws of the state.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Barrow
2 F. Cas. 941 · 1868-04-15
Motion for authority to sell free of liens (trustee) Granted

“Orders will, therefore, be made and issued in conformity with the prayers of the petitioners.”

Caseload & timing

From public federal docket records for this judge.

  • As U.S. District Judge for the Eastern District of Louisiana (1863-1866) and then the District of Louisiana (1866-1874), Durell carried a Civil War and Reconstruction-era federal docket that included admiralty and prize matters in the port of New Orleans and a heavy bankruptcy practice under the Bankrupt Act of 1867, for which he promulgated the district's bankruptcy rules.
  • No electronic docket exists to quantify this caseload.

A historical record

Judge Durell no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.