Tillman Davis Johnson

How Judge Johnson rules, drawn from 16 signed orders. Every observation links to the order it came from.

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

Court
United States District Court for the District of Utah
Position
District judge
Status
Deceased
Served
1916–1953
Appointed by
Woodrow Wilson (Democratic)
Commissioned
January 18, 1916
Education
Cumberland University; Read law
Signed orders read
16

About Judge Johnson

Tillman Davis Johnson was a judge of the United States District Court for the District of Utah. Appointed by President Woodrow Wilson, Judge Johnson received a commission on January 18, 1916. Judge Johnson assumed senior status on May 28, 1949 and served until death on November 1, 1953.

How Judge Johnson decides

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

What persuades

He followed the state court of last resort when construing state law in federal court.

“The national courts, in construing a state statute, adopt the construction given the statute by the court of last resort of the state.”

He distinguished private industrial interests from public need when considering equitable relief.

“now that the war is ended they should not be required to do so for any private interest whatsoever.”

He treated mine lessees' operational independence as controlling over tax labels.

“the miners (leasers or lessees) who worked under and in accordance with the leases in evidence herein, were not employees of plaintiff; it was not their employer; they were independent contractors.”

Procedural preferences

He favored a workable corrective remedy that could end the nuisance while preserving the defendants' business if possible.

“the court is inclined to afford them every opportunity to continue their business.”

He required administrative findings to be supported by evidence and aligned with Congress's stated transportation policy.

“this finding of the Interstate Commerce Commission is amply supported by the evidence in the record”

He allowed a defendant time to answer after overruling a demurrer.

“The defendant will be given 10 days in which to answer the complaint.”

Cautions

In a railroad right-of-way forfeiture case, he held that Congress had not authorized a judicial forfeiture merely because the construction deadline had passed, and found no substantial public interest that would justify equitable relief.

“It has not directed or authorized this court as a judicial tribunal to declare the forfeiture after the expiration of the time limit. Without such authorization, this court, under the authorities heretofore cited, is without authority to declare the forfeiture, except where, in the exercise of its equitable powers, the right to the forfeiture is clear, and is asserted in the public interest.”

He regarded successful adoption of a mechanical device as evidence of salesmanship, not necessarily patentable invention.

“evidence rather of successful salesmanship than of invention.”

He required convincing proof before correcting long-standing business records used to challenge a tax assessment.

“it is not sufficiently convincing to justify the correction of this alleged error in plaintiff’s books”

Signed rulings

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

Anderson v. American Smelting & Refining Co.
· 1919-12-23

Johnson found the industrial nuisance warranted relief but gave the operators an opportunity to propose an effective corrective method before entry of the decree.

Kearns v. Dunbar
· 1922-01-13
Demurrer to complaint (defendant) Denied

“Applying the Pennsylvania rule, the demurrer of the defendant must be overruled; and it is so ordered.”

Millos v. Dunbar
· 1924-06-10

He partially sustained the taxpayer's challenge and entered a refund judgment for the overpayment.

United States v. Denver & Rio Grande Western Railroad
· 1924-12-22

He dismissed the government's forfeiture complaint because no substantial public interest required forfeiture of the rights of way.

L. H. Woodard Co. v. Anderson
· 1929-05-20

He denied the taxpayer's refund theory on the merits and dismissed the complaint.

Railway Engineering Equipment Co. v. Oregon Short Line Railroad
· 1934-07-05

He held both asserted locomotive patents invalid for lack of invention.

Consolidated Freightways, Inc. v. United States
· 1940-06-26

He upheld the motor-carrier certificate after finding the commission's public-convenience determination supported by the record.

Combined Metals Reduction Co. v. United States
· 1943-06-18

He held the mine lessees were independent contractors and awarded a refund of social-security taxes.

Zion's Savings Bank & Trust Co. v. Korth
· 1944-06-03

He awarded a tax refund after finding both the bad-debt recovery and property-loss treatment erroneous.

Kennecott Copper Corp. v. State Tax Commission
· 1944-10-30

He directed verdicts for the mining companies because federal subsidy payments were not part of the state-law purchase price.

Johnson v. Interstate Transit Lines
· 1946-04-10

He dismissed a returning servicemember's seniority claim after finding no established seniority or resulting prejudice.

Covey Gas & Oil v. United States
· 1947-10-07

He found the admissions-tax interpretation invalid and awarded the ballroom operator a refund with interest.

Caseload & timing

From public federal docket records for this judge.

The located decisions span taxation, labor, patents, public lands, transportation, mining, veterans' rights, and industrial nuisance disputes. They do not establish the distribution of Johnson's full caseload.

A historical record

Judge Johnson no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.