Charles B. Witmer
Judge Witmer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Witmer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Witmer required a bankruptcy petitioner to plead facts constituting an act of bankruptcy, rather than repeat the statutory formula.
“It is not sufficient to charge acts of bankruptcy in the language of the statute.”
In preference litigation, he required proof of every statutory element and would not displace the written transfer date on equivocal testimony.
“The plaintiff has failed to furnish the required proof to establish the first reqúisite.”
He treated statutory wage priority narrowly when a single contract combined personal labor with the use of a team and the two components could not be separated.
“There is nothing in the petitioner’s contract to individuate his services and the services of his team.”
Procedural preferences
Witmer independently examined subject-matter jurisdiction even when the parties did not press the issue.
“It is the duty of the court to inquire whether the showing made entitles the plaintiff’s case to consideration here.”
He confined enforcement officers to the warrant procedures supplied by the statute authorizing their work.
“The search warrant appears unfounded and unauthorized, and the motion to quash is therefore allowed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“disallowing the claim of the commonwealth, as preferred”
“rejecting the claim for penalties”
“The order of the referee is affirmed.”
“The plea t,o the jurisdiction is therefore overruled, and the defendant is directed to answer over.”
“the defendant be enjoined from further infringement of complainant’s patent No. 945,788”
“the findings, conclusions, and order of the referee are affirmed.”
“The demurrer is sustained, and the petition is dismissed.”
“The prisoner is remanded to the custody of the immigration officer, that the warrant of deportation may be executed.”
“The taxes were unlawfully imposed, and the rule for judgment is made absolute.”
“The bill is dismissed, at the costs of plaintiff.”
“motion to quash is denied, but the service of the statement is set aside.”
“the rule to show cause is dismissed, and the case ordered on the trial list for trial at the next term of court at Harrisburg, Pa.”
Caseload & timing
From public federal docket records for this judge.
The located writings span bankruptcy, jurisdiction, patent, tax, immigration, employment, condemnation, and search-warrant disputes. They do not establish the distribution of Witmer's full caseload.
A historical record
Judge Witmer 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.