Henry Clay McDowell Jr.
How Judge McDowell rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge McDowell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McDowell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a bankruptcy claim dispute, McDowell rejected an attempted corporate ratification because the evidence showed bad faith, harm to unsecured creditors, and untimeliness.
“The attempted ratification was made in bad faith and with intent to adversely affect the unsecured creditors, and was made too late.”
Procedural preferences
For competing claims to a condemnation fund, McDowell required a claimant seeking distribution to present enough evidence to establish an initial right to the money.
“he should come prepared at the least to prove a prima facie right to the fund.”
Cautions
McDowell declined to treat a short pleading delay as a jurisdictional reason for remand where the statute did not specify that severe consequence.
“such penalty is (in theory at least) very severe, quite unnecessary, and so unusual as to he unprecedented.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It follows that the referee’s ruling in respect to the Tennessee corporation creditors must be affirmed.”
“The referee’s ruling wholly rejecting the claim of the Virginia-Lineoln Furniture Corporation must be affirmed.”
“I must affirm the referee’s ruling rejecting Boggs’ claim in toto.”
“must pro tern, be overruled.”
“From what has been said it follows that the referee’s order must be affirmed in all respects.”
“This part of the fund must be retained on deposit, at 3 per cent, interest, until one or tho other of the rivals asks for a further hearing.”
McDowell explained why Congress could authorize condemnation of watershed land to protect navigation under the Weeks Act.
“It follows that the demurrer of the government to the objections to jurisdiction must be sustained as to all of the grounds asserted.”
“It follows that the defendants’ motion to quash must be overruled, and the defendants given a reasonable time within which to file such pleading as they may be advised to file.”
“It follows that the bill and amended bill should be dismissed at the cost of the plaintiffs.”
McDowell concluded that a prior narcotics acquittal placed the defendant in jeopardy against a second prosecution for the same conduct.
“I held the avowal insufficient to justify evidence of the woman’s drug addiction”
McDowell explained why federal officers lacked authority to seize prize-fight films solely to prevent their local exhibition.
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions predate representative electronic case-level dockets. The profile therefore makes no claim about complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge McDowell 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.