John Warren Davis
How Judge Davis rules, drawn from 23 signed orders. Every observation links to the order it came from.
Judge Davis no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Davis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A scheduled creditor's late proof was accepted where the composition itself promised payment and the debt's validity was undisputed.
“This would be most inequitable.”
A challenge to alleged prior patent use required clear contemporaneous proof rather than remote oral recollections.
“The law requires not conjecture, but certainty.”
Procedural preferences
Late depositions after the trial calendar required an application supported by an affidavit explaining why live testimony and timely discovery were unavailable.
“Before depositions under such circumstances may be taken, the litigant must, upon application to court, show by affidavits some strong reason”
A new trial based only on inadequate damages was limited to damages under the forum state's governing practice.
“the verdict shall be set aside only in respect of damages, and shall stand good in all other respects.”
Cautions
Summary recovery of property claimed by a third party required careful inquiry into whether the adverse claim had a genuine legal foundation.
“great care should be exercised, for it is a serious matter to adjudge by summary process that the property claimed by one person belongs to the estate in bankruptcy of another”
Wartime inability to communicate with foreign defendants justified postponing pleadings while preserving funds available for any later judgment.
“this is exceptional in its situation, and calls for the exercise of that range of discretion”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The claim may be proved at this time, and payment will be ordered, in accordance with the application, upon filing of the claim.”
“the petition is accordingly dismissed, and the order of the referee affirmed.”
“It necessarily follows that the petition must be dismissed.”
“Upon a review of the whole case, I am satisfied that the imprisonment is illegal and the prisoner should be discharged.”
“The order of the referee will therefore be reversed, and an order made directing the trustee to apply the interest to the payment of the mortgage of the petitioner.”
“The order of the referee disallowing the claim is affirmed, and the petition dismissed.”
“The plaintiffs will therefore be restrained from taking the depositions of said witnesses, except in accordance with the provisions of equity rule 56.”
“The petition for review is dismissed, and the order of the referee, striking out special appearance of respondent and directing her to answer, is hereby affirmed.”
“I am constrained therefore to hold that the mortgage in question is void and of no effect.”
“Restraint is therefore denied, and the rule dismissed”
“The verdict, therefore, will not be set aside in the case of Patrick McKeon, and a new trial is denied him”
“the verdict will be set aside and a new trial ordered in the case of the son, Matthew McKeon.”
“the military authorities had jurisdiction to try the petitioner by court-martial, and the writ of habeas corpus must be dismissed.”
Caseload & timing
From public federal docket records for this judge.
Davis's reported district decisions include bankruptcy, patent, admiralty, habeas, remand, and commercial matters. No electronic records are available to quantify his caseload.
A historical record
Judge Davis 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.