George McClellan Bourquin

United States District Court for the District of Montana district Retired 1958 · served 1912–1958 Appointed by William Howard Taft (Republican) 25 signed orders read

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

How Judge Bourquin decides

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

What persuades

Bourquin applied procedural rules equally to the federal government and private parties.

“the United States in court as a litigant has no more rights and privileges and is subject to the same rules as any other litigant, be the latter the humblest accused in the land.”

He treated clear proof of deception as grounds for equitable relief even when the injured party had signed without reading.

“fraud is fatal, whatever its form or strategy”

Procedural preferences

He generally deferred to a factfinder who had observed the witnesses unless extraordinary circumstances justified intervention.

“the trier of facts having seen and heard the witnesses, his resolution of conflicts will not be disturbed, save in extraordinary circumstances absent here.”

He avoided duplicative federal adjudication when a state court already controlled the property and administration at issue.

“the court first assuming jurisdiction over the property may maintain and exercise that jurisdiction to the exclusion of the other.”

Cautions

An agent could not unilaterally create a contract binding the principal without the required offer, acceptance, and communication.

“In no circumstances can an agent alone offer, accept, execute, and thereby impose upon his principal the obligation of a contract between them.”

Signed rulings

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

In re Frazier
· 1934-02-09
Petition for review bankruptcy referee order (creditor) Granted

“Review granted, the referee’s order reversed.”

Jackson v. Genzberger
· 1933-08-24
Motion for new trial (defendant) Denied

“Hew trial denied.”

Sain v. Montana Power Co.
· 1937-09-29
Motions to dismiss (defendant) Granted

“defendant’s' motion to dismiss the suit should be granted. It is so ordered.”

In re Costs in United States Cases
· 1933-10-06
Motion for leave to amend cost bills (United States) Denied

“And so must it be here denied, for that the United States in court as a litigant has no more rights and privileges and is subject to the same rules as any other litigant, be the latter the humblest accused in the land.”

United States v. Patterson
· 1933-09-18
Claim to cancel citizenship certificate (United States) Denied

“Suit dismissed.”

Johnson v. United States
· 1933-03-22
Motions to dismiss (United States) Granted

“Tbe motion to dismiss must be and is granted.”

In re Mendenhall
· 1935-03-08
Petition for removal (petitioner) Denied

“Accordingly the petition is denied.”

United States v. Northern Pac. Ry. Co.
· 1934-03-15
Judgment on the pleadings (United States) Granted

“In view of the premises, plaintiff is entitled to recover, and $100 upon each count.”

Claim for statutory penalty (United States) Denied

“Defendant is within section 13, and plaintiff is not entitled to recover any penalty.”

Nan v. Rasmusson
· 1932-10-05
Motions to dismiss (defendant) Granted

“The defendant’s motion to dismiss is granted.”

In re Gans & Klein
· 1926-08-23
Petition for review bankruptcy referee order (bank) Denied

“Petition denied; referee affirmed.”

In re Lasby
· 1933-12-21
Motion for injunction (bankrupt) Denied

“Injunction denied, proceedings dismissed, with costs to the creditor.”

United States v. Lorenz
· 1927-02-26
Motion for new trial (Lorenz) Denied

“The motions for new trials are denied.”

Motion for new trial (Cola) Denied
Motion for new trial (Murrish) Denied

Caseload & timing

From public federal docket records for this judge.

The reviewed published decisions cover a wide range of civil, bankruptcy, regulatory, and criminal matters, but they do not establish the distribution of Bourquin's full caseload.

A historical record

Judge Bourquin 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.