David Allen Smalley
Judge Smalley no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Smalley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He rejected a proposed timing limitation when the statute's text confined that limit to bankruptcy cases lacking proved debts or administered assets.
“I am very clearly of the opinion that it does not; that section only applies to cases where no debts have been proved against the bankrupt, or no assets have come into the hands of the assignee.”
Procedural preferences
After determining liability, he referred the amount due to a master rather than fixing it without the required accounting.
“it be referred to B. B. Smalley, as Master, to ascertain and report to this court the amount thereof.”
Cautions
He would not permit a purchaser's false representation about residence to invalidate the seller's retained title in bankruptcy.
“he could not take advantage of his own fraud, and thus deprive the said Came & Co. or their assigns of the title to said property”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“accordingly, I issue the discharge.”
“It is ordered that the said Whittemore, as as-signee, pay the said Allen the amount now due on the said last named note, and the costs of this proceeding”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record was returned for this 1857-1877 tenure. The profile therefore makes no claim about caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Smalley 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.