James Harris Baldwin

United States District Court for the District of Montana district Retired 1944 · served 1935–1944 Appointed by Franklin D. Roosevelt (Democratic) 6 signed orders read

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

How Judge Baldwin decides

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

What persuades

At the pleading stage, Baldwin treated well-pleaded facts as true and tested them against the governing statutory elements.

“It is clear that when the facts stated in the complaint herein are accepted as true and considered in the light of the code sections referred to above the motion to dismiss is not well grounded.”

He found a corporate transaction vulnerable where the authorized proposal omitted terms needed to form an enforceable contract.

“it is at once apparent that it is too vague and indefinite to form a legal base on which a contract can rest”

On removal, Baldwin required the jurisdictional basis to appear in the record and remanded when it did not.

“the removal of this suit from the state court to this court was not warranted.”

Procedural preferences

Baldwin preserved the distinction between notice pleading and proof when evaluating requests for greater factual detail.

“Rule 12(e) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, should not be so construed as to destroy the fundamental distinction between pleading and proof.”

He directed parties seeking evidentiary detail to discovery rather than requiring it in the complaint.

“Rule 33 of the Federal Rules of Civil Procedure provides the defendants with a simple and effective way of acquiring the information they seek.”

Cautions

A plaintiff alleging words that were not defamatory on their face could not proceed without pleading special damages.

“as no special damage is alleged each of the causes of action set out in the complaint herein is open to attack by general demurrer.”

Baldwin would not award attorney fees against a surety without a statute, rule, or recorded agreement authorizing them.

“I know of no statute or rule of court authorizing the assessment of an attorney’s fee in the case at bar against the defendant Seaboard Surety Company and counsel have cited none.”

Failure to substitute a proper party after a plaintiff's death led to procedural dismissal.

“It appears from an inspection of the record herein that the plaintiff died prior to October 19, 1936, minute entry, October 19, 1936; and that substitution of the proper party plaintiff has not yet been made.”

Signed rulings

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

Keller v. Safeway Stores, Inc.
· 1936-07-27
Demurrer (defendant) Granted

“The result is that the demurrers to the first, second, and third causes of action set out in the complaint herein should be and they are hereby sustained.”

Demurrer (defendant) Granted
Demurrer (defendant) Granted
Schwartz v. Inspiration Gold Mining Co.
· 1936-08-01
Motions to dismiss (defendant) Denied

“It follows that defendant’s motion to dismiss the bill of complaint herein should be, and it is hereby, denied.”

United States v. Seaboard Surety Co.
· 1938-06-22
Claim for reimbursement (Seaboard Surety Company) Granted

“1. That the defendant Seaboard Surety Company do have and recover from Clarence M. Stoffel, Joseph F. Cita and Fred E. Watsabaugu, co-partners doing business as Watsabaugh & Company, the sum of $7.12 with interest thereon at the legal rate together with its costs and disbursements herein necessarily expended;”

Payment bond claim (Interstate Heating and Plumbing Company) Denied

“2. That the defendant Interstate Pleating and Plumbing Company take nothing by its action;”

Payment bond claim (Grace-Mayer Company) Granted

“3. That the intervener Grace-Mayer Company do have and recover of and from the defendant Seaboard Surety Company the sum of $137.50 with interest thereon at the legal rate from this day together with its costs and disbursements herein necessarily expended;”

Payment bond claim (Fell & Pinkerton Company) Granted

“4. That the interveners Fell & Pinkerton Company do have and recover of and from the defendant Seaboard Surety Com *694 pany the sum of $33.78 with interest thereon at the legal rate from this day together with its costs and disbursements herein necessarily expended; and,”

Payment bond claim (Morley & Thomas Company) Granted

“5. That the interveners Morley or Thomas Company do have and recover of and from the defendant Seaboard Surety Company the sum of $599.17 with interest thereon at the legal rate from this day together with its costs and disbursements herein necessarily expended.”

Claim for attorneys fees and costs (Interstate Heating and Plumbing Company) Denied

“The necessary conclusion is that the claim of the intervener Interstate Pleating and Plumbing Company for attorneys’ fees and costs must be and it is hereby denied.”

Jensen v. Safeway Stores, Inc.
· 1938-09-24
Motions to remand (plaintiff) Granted

“The motion to remand is granted. Costs to plaintiff.”

Swanson v. Northern Pac. Ry. Co.
· 1938-12-05
Failure to substitute dismissal (court) Moot / procedural

“It follows that this action should be and it is hereby dismissed.”

Grande Ronde Pine Co. v. Pulver
· 1943-05-29
Motions to dismiss (defendant Pulver) Denied

“It follows that each and all of said motions should be and they are hereby denied.”

Motion for more definite statement (defendant Pulver) Denied
Motion for more definite statement (corporate defendant) Denied

Caseload & timing

From public federal docket records for this judge.

The six located decisions concern several areas of civil law, but they do not establish the distribution of Baldwin's full caseload.

A historical record

Judge Baldwin 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.