John Paul
How Judge Paul rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Paul no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Paul decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a bankruptcy homestead dispute, Paul treated conversion of paid-for goods into cash as neutral where creditors were no worse off and the bankrupt had kept separate accounts.
“Converting the goods into money placed the creditors in no worse condition than they would have been had he retained the goods.”
Procedural preferences
Paul required indispensable parties before adjudicating a trust deed where an effective decree would necessarily affect absent creditors.
“When this is impossible, and whenever a decree cannot be made without prejudice to one not a party, the bill must be dismissed.”
Cautions
In a receivership fee dispute, Paul applied the general rule that private litigation expenses cannot be shifted onto other beneficiaries of a common fund.
“The general principle is that a litigant must: pay his own counsel fees, and he cannot recover them in the shape of costs from his adversary, nor can he put the burden of their payment upon others entitled to participate in a fund under the control of a court of equity.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The finding of the referee that the bankrupt, in claiming as part of his homestead exemption his stock of goods in trade, and affixing thereto his aggregate value of the same, is designating and describing the goods ‘with reasonable certainty,’ will be overruled.”
“The bankrupt will be allowed to amend his claim of homestead so as to comply with the requirements of the statute (section 3639).”
“The objection to the allowance of the said sum of $332.89 to tim bankrupt as part of his homestead exemption is overruled.”
“For the reasons stated, the holding of the referee is sustained.”
“The holding of the referee that the burden of designating the goods that have not been paid for rests upon the creditors from whom the same were purchased is erroneous, and must be reversed.”
“The finding* of the referee is reversed.”
“The decision of the referee and the order made thereon were correct, and the same are sustained.”
“The grounds of objection stated to the indictment are untenable, and the demurred will be overruled.”
“The decision of the referee is sustained.”
“The claim of Crocker Bros. for attorney’s fees and other expenses incurred in connection with the litigation in this cause will be disallowed.”
“The demurrer is not well taken, and will be overruled, with leave to the demurrants to answer.”
“An order will be entered dissolving the injunction.”
“A decree will be entered correcting- the mistake in the decree of July 22, 1897, whereby the claim of McClure & Amsler is made to bear interest from the 14th day of December, 1894, instead of from the 14th day of September, 1894,'as fixed by the decree of February 27, 1897;”
“denying the application of Robert E. Tod to have the fund in the hands of the receiver applied to the payment of the taxes for the year 1897 on the property purchased by said Tod;”
“applying the balance of the fund in the hands of the receiver to payments on the mortgage bonds, as provided in the nineteenth provision of the decree of the 27th of February, 1897.”
“The demurrer to the 26 counts in the indictment numbered 2, 4, and so on, in even numbers, to 52, inclusive, must be sustained, on the ground that they fail to allege that Berry, in aiding and abetting Mostly in the making of the false entries charged, did so with, the intent Co injure, defraud, and deceive, and so forth, fill is holding of the court renders it unnecessary to discuss the several other grounds of demurrer assigned to these counts of the indictments. But the court will say that it; has carefully considered all of the other grounds of demurrer which have been so elaborately and ably argued by counsel for the defendants, and does not think any of them is well taken. Tin1 grounds of demurrer urged to the oilier 26 counts in the indictment, numbered in the odd numbers, from 1 to 51, inclusive, are not well taken, and the demurrer, as to these counts, is overruled.”
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 Paul 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.