Simon Louis Adler

United States District Court for the Western District of New York district Deceased · served 1928–1934 Appointed by Calvin Coolidge (Republican) 26 signed orders read

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

How Judge Adler decides

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

What persuades

Adler required officers to obtain a warrant when the available facts supplied time and probable cause to do so.

“This is what they should have done instead of searching without a warrant.”

For broad document requests, Adler required facts showing that the requested material could affect the issue under review.

“the papers, books, and records requested to be produced by subpoena duces tecum are not material and relevant in the matter of this particular claim to be passed upon by the special master.”

Procedural preferences

Adler enforced concise fact pleading while allowing a prompt opportunity to cure the defect.

“the motion to dismiss the complaint is granted with leave, however, to the plaintiff to file within thirty days an amended complaint.”

In bankruptcy matters, Adler used equitable authority to correct an innocent mistake when the original positions of other parties would not be harmed.

“The court in administering the bankruptcy law on principles of equity should correct such mistakes as are made which can be corrected without injury to the parties as their relations existed at the time the petition in bankruptcy was filed.”

Signed rulings

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

United States v. Marra
· 1930-04-23
Motion to suppress evidence (defendant) Granted

“Motion to suppress evidence obtained on the search is granted.”

General Finance Corporation v. New York State Rys.
· 1933-06-20
Application for attorney compensation (petitioner) Denied

“I cannot order payment to him out of any of the funds in the estate, and he must look to his clients for compensation.”

In re Frazzetta
· 1932-08-01
Motion to vacate garnishment (bankrupt) Denied

“The relief asked for in the order to show cause is denied.”

In re Lyons Coal Co.
· 1932-05-09
Motion to stay foreclosure sale (trustee) Denied

“The motion is denied.”

In re Ban
· 1927-10-11
Petition for writ of certiorari (petitioner) Denied

“The petition for the writ is denied.”

Elbs v. Yates-American Mach. Co.
· 1928-01-06
Motions to remand (plaintiff) Granted

“The cause is remanded to the Supreme Court of the state of New York.”

United States v. Austin-Bagley Corp.
· 1928-02-20
Demurrer to indictment (defendants) Denied

“the demurrer is overruled.”

The John Sherwin
· 1928-02-13
Exceptions to libel (respondent) Granted

“The libel herein is dismissed.”

Alusa v. Lehigh Valley R.
· 1928-06-20
Motion for new trial (plaintiff) Denied

“The motion for a new trial is denied.”

In re Commercial Inv. Trust Corp.
· 1929-03-16
Petition for release of seized property (petitioner) Denied

“Petitioner’s application is denied.”

In re Joseph
· 1931-01-08
Petition to review referee order (claimant) Denied

“Upon review, the decision and order of the referee in bankruptcy is approved.”

Kellogg Switchboard & Supply Co. v. New York Telephone Co.
· 1931-02-13
Motions to dismiss (defendant) Granted

“the motion to dismiss the complaint is granted with leave, however, to the plaintiff to file within thirty days an amended complaint.”

Caseload & timing

From public federal docket records for this judge.

No electronic docket sample was available for a historical caseload description.

A historical record

Judge Adler 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.