James Campbell Hopkins

How Judge Hopkins rules, drawn from 29 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Western District of Wisconsin
Position
district
Appointed by
Ulysses S. Grant (Republican)
Commissioned
1870-07-09
Education
Read law, admitted to the bar in 1845
Signed orders read
29

How Judge Hopkins decides

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

What persuades

Hopkins treated a debtor’s knowing inaction as evidence of intent when it necessarily produced a creditor preference.

“the law presumes that he intended the natural consequences of his acts.”

Hopkins enforced the constitutional right to remove a case to federal court despite a contrary state licensing condition.

“The provision in the act of 1870, requiring the agreement not to remove, having been declared unconstitutional”

Procedural preferences

Hopkins required an involuntary-bankruptcy answer to be verified before allowing it to create costly factual litigation.

“Such unjustifiable practice by a debtor can not be allowed”

Hopkins held attaching creditors to a consistent secured or unsecured position within the same bankruptcy proceeding.

“Parties cannot play ‘fast and loose’ in that way.”

Cautions

Hopkins refused to cure a statutory service defect through judicial invention, even where proper service was difficult.

“Courts must administer the law as they find it, not supply defects in legislation when a difficult or hard case presents itself.”

Signed rulings

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

In re Anderson
· 1876-07-15
Proof of claim (creditors) Granted

“have the right to prove their full debt against the estate of the bankrupt in this case as an unsecured debt”

In re Ayers
· 1874-04-15
Proof of claim (claimants) Denied

“The proof of the claim is therefore stricken out and expunged”

In re Bank of Madison
· 1874-01-15
Bankruptcy petition (petitioner) Denied

“the prayer of his petition is therefore denied.”

In re Cook
· 1871-09-15
Bankruptcy petition (judgment creditor) Denied

“And the petition and motion of said Davis is denied.”

In re Cook
· 1871-09-15
Mechanics lien claim (claimant) Granted in part

“Their claim is allowed at $393.64, and interest at seven per cent, since January 1, 1871.”

In re Findlay
· 1873-11-15
Motion for leave to file answer (debtor) Denied

“reject the proposed answer of the debtor until verified.”

In re Graham
· 1871-02-15
Bankruptcy exemption claim (bankrupt) Granted in part

“I therefore deny the prayer of the petitioner, so far as he asks to have the assignee set off the horse, buggy, harness, sleigh, watch and manufacturer’s sewing machine as exempt to him, but direct that the as-signee set off to him the family sewing machine, as prayed.”

Hall v. Hayner
· 1871-07-01
Equitable claim (complainant) Denied

“I direct that the bill be dismissed, with costs to be paid by the complainant out of the estate of the bankrupt in his hands.”

Hartford Fire Ins. v. Doyle
· 1875-09-28
Motion for injunction (complainant) Granted

“I, therefore, order and direct that an injunction issue against the defendant,, restraining him from so doing, as prayed in the bill.”

In re Heller
· 1871-09-15
Involuntary bankruptcy petition (petitioning creditors) Granted

“I therefore adjudge the debtor to be a bankrupt, and subject to the provisions of the bankrupt act.”

In re Hoyt
· 1873-01-15

Hopkins discussed mechanics’ lien priority but expressly reserved the operative issues until the claims were properly before the court.

In re Jewett
· 1876-08-15
Motions to dismiss (alleged bankrupts) Denied

“The motion to dismiss on the ground that a sufficient number of creditors have not joined in the petition is therefore denied.”

Caseload & timing

From public federal docket records for this judge.

No assigned docket records were returned for Hopkins’s tenure, so no caseload mix or case-duration summary is available.

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