Donnell Gilliam

How Judge Gilliam rules, drawn from 25 signed orders. Every observation links to the order it came from.

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

Court
United States District Court for the Eastern District of North Carolina
Position
district
Status
Deceased
Served
1945–1960
Appointed by
Harry S. Truman (Democratic)
Commissioned
1945-05-18
Education
University of North Carolina, B.A. (1909); University of North Carolina School of Law, LL.B. (1910)
Signed orders read
25

How Judge Gilliam decides

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

What persuades

In the towage dispute, Gilliam treated a party's unjustified interference with continued performance as a breach supporting contract damages.

“Since respondent had no legal right to treat the contract as terminated, it follows that by his interference- and prevention of further performance-by libelant he committed a breach of the-contract”

Procedural preferences

In Wilson, Gilliam required a concrete showing of good cause before ordering production of an opponent's trial-preparation materials.

“Good cause does not appear on the facts here. It is not alleged.”

Cautions

In the Nola Dare lien dispute, Gilliam applied laches more strictly because a good-faith purchaser had acquired the vessel without notice.

“a delay of twenty-one months, under the facts here, establishes laches which bars recovery.”

Signed rulings

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

Kornegay v. Hardware Mut. Fire Ins. Co.
· 1952-07-29
Motions to remand (plaintiff insured) Denied

“plaintiff’s motion to remand is therefore denied.”

Ellington v. Milne
· 1953-05-08
Motion to vacate default (defendant Milne) Granted

“An order vacating the default and allowing defendant to file answer will be entered.”

Gregory v. West Virginia Pulp & Paper Co.
· 1953-05-12
Motions to remand (plaintiffs) Denied

“An order denying the motion to remand will be entered.”

United States v. One 1953 Model Glider Trailer, Serial No. 33337
· 1954-03-23
Forfeiture libel (United States) Denied

“the home-trailer is not subject to forfeiture under any statutory provision and that the libel should be dismissed.”

Gulf Atlantic Transp. Co. v. Becker County Sand & Gravel Co.
· 1954-06-11
Admiralty libel (Gulf Atlantic Transportation Company) Granted

“Judgment will be entered in favor of libelant and against respondent in the amount of $8,891.73, with interest at 6 percent from October 8, 1951, and costs.”

Sanders v. Meyerstein
· 1954-09-17
Towage contract claim (tug owner) Granted in part

“Since respondent had no legal right to treat the contract as terminated, it follows that by his interference- and prevention of further performance-by libelant he committed a breach of the-contract and is liable for the damages sustained by libelant.”

Admiralty counterclaim (barge charterer) Granted in part

“For libelant’s negligence in the grounding of the barge, respondent is entitled to damages in the amount of the repairs to the barge and other necessary expenses reasonably incurred by him.”

King v. The Vessel Fish Factory No. 1
· 1955-07-02
Motion for attorney fees (attorneys Jett, Sykes & Howell) Denied

“The petition is denied and it is so ordered.”

United States v. One 1955 Model Two-door Cadillac Coupe Deville
· 1955-11-26
Petition for remission (Lem A. and Evelyn Cohoon) Granted

“the Cadillac car, Motor Number 556201303, be returned to the claimants, Lem A. Cohoon and Evelyn Cohoon, upon payment of all expenses incident to the seizure and forfeiture incurred by the United States.”

Shelly Tractor & Equipment Co. v. Oil Screw Boots
· 1956-05-02
Admiralty libel (Shelly Tractor & Equipment Company) Granted

“I find that the maritime lien of libelant is established.”

United States v. One 1955 Model Buick Four-Door Sedan Automobile
· 1956-05-21
Petition for remission (General Motors Acceptance Corporation) Granted

“the Buick Automobile, Motor No. V-738 9237, be delivered to the claimant, General Motors Acceptance Corporation upon payment of all expenses incident to the seizure and forfeiture incurred by the United States.”

United States v. Perry
· 1956-06-04
Summary judgment (United States) Granted

“The United States is entitled to its motion for summary judgment and such judgment will enter.”

Wilson v. Capital Airlines
· 1956-07-05
Motion to compel production (Capital Airlines) Denied

“the defendant’s motion is denied.”

Caseload & timing

From public federal docket records for this judge.

No electronic case records were available from which to describe a docket sample.

A historical record

Judge Gilliam 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.