Smith Hickenlooper

How Judge Hickenlooper rules, drawn from 6 signed orders. Every observation links to the order it came from.

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

Court
U.S. District Court for the Southern District of Ohio
Position
district
Status
Elevated to a higher court
Served
1923–1929
Appointed by
Warren G. Harding (Republican)
Commissioned
1923-03-03
Education
University of Cincinnati (B.A., 1901); Harvard Law School (LL.B., 1904)
Signed orders read
6

How Judge Hickenlooper decides

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

What persuades

The court strictly required a corporation claiming special tax treatment to prove every element of the statutory exception.

“The burden is upon the plaintiff to show that it clearly comes within the terms of such exception.”

A bankruptcy creditor could not displace federal administration merely because a state receiver had earlier been appointed.

“no- case has been cited to sustain the estoppel of the bankrupt himself.”

Procedural preferences

A venue dismissal was assessed separately for each patent defendant based on residence, local business, and alleged participation.

“The motion to dismiss the bill of complaint as to the individual defendants H. C. Records and G. W. Heintz must be granted.”

Limitations could be raised through a special plea in bar to contempt charges.

“the special plea in bar stating a good defense of tho running of the statute of limitations”

Cautions

The court would not expand statutory tax language through a forced administrative construction lacking settled approval.

“we are ndt constrained, by reason of such executive and administrative construction, to give to the language of the 'statute the forced construction”

Signed rulings

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

In re Phillips
· 1924-04-15
Motion to dismiss objections to discharge (debtor) Granted

“the specifications must be dismissed and the discharge granted.”

United States v. Carroll Chain Co.
· 1925-07-16
Demurrer (defendant) Granted

“The demurrer will be sustained”

In re Wells
· 1924-04-12
Motion to set aside adjudication and dismiss (creditor) Denied

“The motion must be overruled.”

Smith v. Springdale Amusement Park, Ltd.
· 1928-06-23
Motions to dismiss (defendant) Granted

“The motion to dismiss the bill of complaint as to the individual defendants H. C. Records and G. W. Heintz must be granted.”

Motions to dismiss (defendant) Denied

“The motion to dismiss the bill as regards the individual defendants Paul M. Williams and Gerald Brown must be overruled.”

Stark v. United States
· 1926-05-28
Demurrer (defendant) Granted in part

“The first ground of demurrer is overruled. The second ground of demurrer must be sustained.”

United States v. Whiffen
· 1927-11-29
Demurrer (government) Denied

“The demurrer being overruled”

Motion to dismiss contempt charges (defendant) Granted

“the several charges which show upon their face that such statute has run must be dismissed”

Hubbard-Ragsdale Co. v. Dean
· 1926-05-22

The court resolved a submitted tax or patent merits action without a separable party-motion outcome.

Stark v. United States
· 1927-10-13

The court resolved a submitted tax or patent merits action without a separable party-motion outcome.

Lektophone Corp. v. Crosley Radio Corp.
· 1928-02-27

The court resolved a submitted tax or patent merits action without a separable party-motion outcome.

Weir v. McGrath
· 1928-05-21

The court resolved a submitted tax or patent merits action without a separable party-motion outcome.

Caseload & timing

From public federal docket records for this judge.

The reviewed decisions include bankruptcy, federal tax, patent, venue, and contempt matters. No electronic records are available to quantify the tenure.

A historical record

Judge Hickenlooper 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.