Francis Cabot Lowell
How Judge Lowell rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Lowell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lowell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats a creditor’s participation in bankruptcy as acquiescence that can foreclose a later jurisdictional attack on the adjudication.
“Where, however, the creditor, by proving his claim, has acquiesced in the adjudication, it is unjust to permit him to dispute that which the court has adjudged with his implied approval.”
Procedural preferences
Would not use rehearing as a disguised device to revive appellate time; the court required the record to state the true procedural purpose.
“To grant a rehearing, upon the pretense *821of reconsidering the merits of the case, but really to revive the petitioner’s right of appeal, would be the employment of an unworthy fiction.”
Cautions
Declined to dismiss an involuntary bankruptcy when one petitioning creditor continued to demand adjudication and no fraud, oppression, or mistake was shown.
“Bankruptcy is not a remedy like an injunction or the appointment of a receiver, granted in the discretion of a court of equity.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the creditors’ motion must be denied.”
“The discharge will therefore be granted in the usual form.”
“the libelants have failed to-prove any false imprisonment.”
“Decree for balance of wages, without costs.”
“The discharge is granted, and no exception will be made therein of debts scheduled under the earlier commission.”
“Judgment of the referee affirmed.”
“Order of the referee affirmed.”
“Upon that payment, the judgment of the referee will be affirmed; otherwise reversed.”
“Decision of the referee affirmed.”
“The creditor’s motion to vacate is dismissed, with costs.”
“the discharge is here refused.”
“the libels must be dismissed, with costs.”
“An injunction will issue restraining the creditor from suit until after adjudication.”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record was returned for Lowell’s 1898–1905 tenure. The profile therefore makes no claim about caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Lowell 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.