Andrew Phelps McCormick
How Judge McCormick rules, drawn from 11 signed orders. Every observation links to the order it came from.
Judge McCormick no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McCormick decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Adjusts the amount and kind of proof required to establish a historical trust according to the age of the transaction.
“both the nature and amount of the proof required must depend in a measure upon the age of the transaction.”
Treats long delay and substantial investment by later good-faith owners as compelling against stale equitable land claims.
“the complainants have waited too long, and their prayer in a court of equity cannot be granted”
Procedural preferences
Measures removal timing from a substantially different amended pleading when the original pleading did not present the same suit.
“where'an amended petition makes a substantially different suit from the original petition, the limitation as to the time within Which the petition for removal can be presented should relate to the new pleading of the plaintiff.”
Permits federal trial practice to draw on established state deposition procedures when they prevent delay or failure of justice.
“In the absence of controlling authority, I am unwilling to so limit the power of this court.”
Cautions
Respects the orderly progress of another federal court's criminal case unless an urgent jurisdictional defect justifies intervention.
“there is certain order and comity to be observed in all court proceedings and the authorized action of judges”
Does not displace a local body's statutory discretion over public buildings without a supported claim of fraud or excess authority.
“Except when attacked for fraud, their decision as to the character of a court-house that is needed is final.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“A decree will be entered granting the complainant the relief prayed for in his bill, except as to costs, which will be adjudged against complainant.”
“the complainants have waited too long, and their prayer in a court of equity cannot be granted, and the bill should be dismissed at complainants’ costs; and it will be so ordered.”
“The prayer for a preliminary injunction is refused.”
“a decree should be passed herein granting complainant the relief prayed for in his bill} and it will be so ordered.”
“I am of opinion that the defendant’s application for removal was made in time, and the motion to remand will be refused.”
“the injunction should be dissolved; and it is so ordered.”
The published text is a jury charge and does not record the jury's verdict or a court disposition.
The published text is a jury charge and does not record the jury's verdict or a court disposition.
Caseload & timing
From public federal docket records for this judge.
No assigned-judge docket cohort could be enumerated for the nineteenth-century tenure, so no caseload mix or duration statistic is reported.
A historical record
Judge McCormick 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.