Hamilton Glover Ewart
How Judge Ewart rules, drawn from 6 signed orders. Every observation links to the order it came from.
Judge Ewart no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ewart decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Mason, Ewart treated a creditor's participation in the bankruptcy administration as a waiver of a later personal-jurisdiction objection.
“A creditor cannot prove his debt and file the same, as in this canse, participate in the election of a trustee, distribute the estate, use the proceeds for his benefit, and then, on the application of the bankrupt for a final discharge, for the first time, object to the jurisdiction.”
Procedural preferences
In the later Grimes opinion, Ewart required a new disinterested appraisal before the trustee allotted the partners' exemptions.
“the referee appoint three disinterested parties, who, after being duly sworn by him, shall appraise the entire estate of the bankrupts”
Cautions
In Cox, Ewart used an injunction and receiver where disputed goods could be transferred before ownership and creditor claims were finally resolved.
“in the judgment of. the court, it is proper that a receiver should be appointed until the equities of all parties interested should be determined by a final decree.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The finding of the referee as to this exception is approved.”
“The action of the referee in the above-entitled case, in confirming the report of the appraisers, is set aside”
“the said Southern Loan & Trust Company, trustee of the said D. W. C. Benbow, bankrupt, is hereby authorized and empowered to sell the property of the said bankrupt”
“The petition on the part of the judgment creditors, S. M. Rice and Anderson, administrator of T. I. G-illam, to sell the interest of the bankrupt, S. D. Dunavant, in the Catawba tract of land, is refused.”
“the injunction issued by this court December 16, 1899, be continued till 'the final hearing of this cause.”
“Samuel F. Vance, of Winston, is hereby designated and appointed as temporary receiver”
“The specifications are disallowed.”
Caseload & timing
From public federal docket records for this judge.
No exact-name historical dockets were available, so caseload mix and case-duration analysis could not be computed.
A historical record
Judge Ewart 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.