Herman E. Moore
Judge Moore no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Moore decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Moore allowed a supplier's bond claim to proceed where competing accounts of the parties' commercial arrangement required factual development.
“No matter how likely it may seem that a plaintiff may be unable to prove his case, he is entitled, upon averring a claim, to an opportunity to prove it.”
Moore treated the practical impairment of endorsers' remedies as decisive when a public lender failed to make the installment demands required by the governing loan statute.
“The Municipality’s negligence in these respects impaired the endorsers’ remedies against the maker and it cannot be allowed to take advantage of its own negligent acts.”
Procedural preferences
Moore required a concrete dispute and identifiable relief before exercising declaratory authority.
“The relief is available only for a ‘concrete case admitting of an immediate and definite determination of the legal rights of the parties.’”
In divorce proceedings, Moore required evidence of domicile sufficient to establish subject-matter jurisdiction rather than relying on a short period of physical residence.
“there must be a finding of domicile based on the required statutory period in order to support a decree of divorce in the Virgin Islands.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion for new trial is, therefore, denied and order in favor of defendants may be drawn in accordance with this opinion.”
“THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the motion to dismiss be denied, and the defendants are allowed until on or before November 25, 1957, to file their answer herein.”
“This court denied the plaintiffs’ motion for continuance, and granted defendants’ motion to dismiss, with a condition allowing reinstatement of plaintiffs’ case on or before January 15, 1957, provided general counsel is obtained on or before that date, otherwise not.”
“It is further ORDERED, ADJUDGED AND DECREED that the plaintiff’s motion to disqualify the Judge is hereby denied.”
“The motion to dismiss as to the Municipality of St. Thomas and St. John on grounds of lack of jurisdiction is, therefore, granted and the Municipality is herewith dismissed as a party defendant to this suit.”
“It is, therefore, the opinion of this Court that defendant cannot validly plead the defense of double jeopardy under the circumstances and his motion to dismiss the information on such ground will be denied.”
“The motion will, therefore, be denied on the grounds that domicile was not sufficiently established and, consequently, the Court is without jurisdiction of the matter.”
“Motion to dismiss the United States as party defendant will therefore be denied and order may be drawn in accordance with this opinion.”
“Therefore, it is the opinion of the Court that defendant’s motion to dismiss must be denied.”
“The motion must therefore be denied and it is so ordered.”
“The complainant made a motion for judgment upon the pleadings, and after hearing the argument of counsel for both complainant and defendant upon said motion, it was denied.”
“This question is now moot in view of the opinion in this case, in that the agreement herein gives to Mrs. Else E. Callwood outright the mortgage owned by Mr. Paiewonsky.”
“the Court therefore gives its approval to the said withdrawal.”
Caseload & timing
From public federal docket records for this judge.
No assigned electronic docket was located from Moore's pre-electronic tenure, so no caseload mix, duration, motion-outcome, or timing claim is available.
A historical record
Judge Moore 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.