George Washington Brooks

How Judge Brooks rules, drawn from 7 signed orders. Every observation links to the order it came from.

Judge Brooks 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
1866–1882
Appointed by
Andrew Johnson (Democratic)
Commissioned
1866-01-22
Education
Read law (1846)
Signed orders read
7

How Judge Brooks decides

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

What persuades

In the noteholders' interest dispute, Brooks treated filing a proof of debt as the operative demand and allowed interest from that date rather than from the much earlier alleged refusal to redeem notes.

“I hold that the proofs in this case, as they are filed, as regards the time and amount, are equivalent to a demand”

Procedural preferences

In Anderson, Brooks required evidence sufficient for the court to assess inability to pay rather than accepting the debtor's conclusion alone.

“The court is to presume every petitioner able to pay the lawful costs in a proceeding in bankruptcy, until he who may allege inability to pay such costs ‘shall make proof to the satisfaction of the court.’”

Cautions

In the Foy claim, Brooks held that disappointment with the later financial outcome did not undo a voluntary compromise.

“the binding force of the settlement does not depend upon ultimate results or the correctness of the judgment exercised by her in that transaction.”

Signed rulings

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

In re Bank of North Carolina
· 1874-07-01
Bankruptcy claim for interest (creditors Wilson & Shober) Granted in part

“I hold that the proofs in this case, as they are filed, as regards the time and amount, are equivalent to a demand, to the extent of entitling each creditor so proving to the full sum so proved, and interest at the rate of six per cent, per annum from the date of filing such proofs to the date of declaring the first dividend, then at the same rate on the balance of the principal sum to the date of declaring the second dividend, and in the same way until the principal and interest is paid.”

Hudgins v. Lane
· 1874-07-01
Appeal (defendant Henry J. Lane) Denied

“According to the case agreed, I am for these reasons of opinion that the plaintiff is entitled to have the judgment of the justice ¡affirmed.”

In re Jackson
· 1874-07-01

Brooks described the register's authority to supervise a creditor's examination of a bankrupt at the final-oath stage.

In re Anderson
· 1876-04-18
Petition to limit bankruptcy costs (debtor David Anderson) Denied

“The prayer of the petitioner is refused. Let this be certified to the petitioner.”

In re Parham
· 1878-03-15

Brooks approved the register's certified rulings, but the surviving report does not identify the underlying questions or moving party.

In re Bank of North Carolina
· 1879-06-08
Motion to revoke sale order (bankruptcy assignee) Denied

“The motion to ex*670punge the order of sale made by the register in this case is denied.”

Bank of North Carolina v. Dewey
· 1879-06-10
Bankruptcy proof of debt (claimant Harriet J. Foy as administratrix) Denied

“This claim is disallowed, and the register is directed to certify this order to the assignee.”

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 Brooks 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.