Orie Leon Phillips

How Judge Phillips rules, drawn from 3 signed orders. Every observation links to the order it came from.

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

Court
United States District Court for the District of New Mexico
Position
district
Status
Deceased
Served
1923–1974
Appointed by
Warren G. Harding (Republican)
Commissioned
1923-03-03
Education
University of Michigan Law School, LL.B., 1908
Signed orders read
3

How Judge Phillips decides

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

What persuades

In Southwestern Portland Cement, Phillips treated a public-works bond as enforceable by the supplier because the contract's payment obligation was expressly made part of the bond.

“the construction company, the principal, has breached the terms of the bond by failing to pay for the cement, and a cause of action has arisen upon the bond in favor of plaintiff.”

In Otto-Johnson, Phillips focused on title passing directly from the manufacturer to the financing company rather than from the debtor.

“the title to the property passed directly from the Buiek Motor Company to the Acceptance Corporation”

Procedural preferences

In United States Fidelity, Phillips allowed amendment where the requested pleading matched the proof and trial theory.

“The proposed amendment is in accordance with the theory upon which the cause was tried and conforms to the proofs made.”

Cautions

In Otto-Johnson, Phillips enforced the trust-receipt title arrangement while leaving any recording mandate to lawmakers.

“that question is one of policy for the legislature, and not for the courts to determine.”

Signed rulings

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

Southwestern Portland Cement Co. v. O. C. McElrath Construction Co.
1430 · 1925-08-10
Demurrer (defendant surety company) Denied

“The demurrer will therefore be overruled-.”

In re Otto-Johnson Mercantile Co.
915 · 1928-08-31
Bankruptcy review petition (General Motors Acceptance Corp.) Granted

“The order of the referee in bankruptcy is reversed with instructions to enter an order directing the trustee to deliver the motor vehicles to the petitioner Acceptance Corporation.”

United States Fidelity & Guaranty Co. v. Citizens' National Bank
886 · 1924-01-01
Motion to amend complaint (plaintiff United States Fidelity & Guaranty Co.) Granted

“Therefore the motion to amend will be granted.”

Surety subrogation claim (plaintiff United States Fidelity & Guaranty Co.) Granted

“I therefore find for the plaintiff in the sum of $18,332.68, with interest from May 14,1921.”

Caseload & timing

From public federal docket records for this judge.

No tenure-bounded docket record was available from which to describe caseload mix.

A historical record

Judge Phillips 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.