Solomon Lewis Withey
Judge Withey no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Withey decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Withey treated a receiver as an exceptional equitable remedy tied to concrete risks to the security rather than an automatic feature of foreclosure.
“Receivers are not appointed as a matter of course, but it rests in the sound discretion of the cohrt.”
He read federal jurisdiction and venue provisions according to their practical protection of an alien plaintiff's ability to sue a citizen found and served in the district.
“The clear import of the act of congress is to give to an alien the right to sue a citizen of any state of the Union in the circuit court of any district where the defendant is found and served.”
Procedural preferences
Withey required an involuntary-bankruptcy petition to allege the creditor number and debt value needed for jurisdiction.
“A substantial averment is wanting in this petition, to give jurisdiction.”
He distinguished a complete foreclosure remedy at law from circumstances warranting the separate intervention of equity.
“The only wrong done is the nonpayment of suitable license money”
Cautions
Withey required an insured to disclose when the interest presented for coverage was materially less than ownership of the property described in the policy.
“The nature of Porter’s interest should have been communicated to the company; if it was not, the contract of indemnity should not be held valid.”
He would not allow a mortgage creditor to outrank maritime lienholders who supplied the vessel and supported continued navigation.
“a mortgage on a vessel creates no maritime claim”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The exception, ‘first,’ to the specification presented by creditors of grounds of opposition to the bankrupts’ discharge, is sustained.”
“Demurrer sustained, with leave to defendant to plead over.”
“Petition dismissed.”
“their verdict should be, ‘No cause of action,’ and their verdict was taken accordingly.”
“The petition is therefore dismissed.”
“The assignee in bankruptcy has no more right to the property thus assigned than to any other property sold by the bankrupts more than three months before the filing of the petition in this court against them.”
“We entertain no doubt upon the subject, and sustain the exceptions by those having liens under the state law, whose libels were filed subsequent to the sale of the vessel”
“We overrule the exceptions filed by Rogers, the mortgagee.”
“Let decree for complainant be entered.”
“restrain the removal of the articles enumerated in this opinion”
“Complainant is entitled to the usual decree of foreclosure and sale as to 40 acres”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record was returned for Withey's tenure. The profile therefore makes no claim about his complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Withey 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.