Alston Gordon Dayton

How Judge Dayton rules, drawn from 25 signed orders. Every observation links to the order it came from.

Judge Dayton no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
United States District Court for the Northern District of West Virginia
Position
district
Status
Deceased
Served
1905–1920
Appointed by
Theodore Roosevelt (Republican)
Commissioned
1905-03-14
Education
West Virginia University (A.B., 1878; M.A., 1880); Read law; admitted to the bar, 1878
Signed orders read
25

How Judge Dayton decides

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

What persuades

Dayton treated work needed to keep an interstate carrier's operating telegraph system in repair as sufficiently connected to transportation for the federal employment statute to apply.

“I am able to see little difference between the necessity for the proper repair of the bridge over which the interstate commerce passes and the necessity of repairing the telegraph line owned by the company”

In bankruptcy claim administration, Dayton favored a timely proof that fairly disclosed the debt over a technical objection raised years later, especially where the estate and note showed the individual obligation.

“bankrupt courts are courts of equity, that courts of equity abhor technicalities and will cut across lots to do justice in accord with equity and good conscience”

Dayton enforced an attorney's charging lien against a litigation fund even after assignments and bankruptcy because the successor took the client's interest subject to existing liens and equities.

“such trustee takes only such title as the bankrupt has, subject to all liens and equities existing upon or against the property”

Procedural preferences

For corporate bankruptcy venue, Dayton looked to where the enterprise actually conducted its essential operations, rather than accepting a distant executive office as the principal place of business.

“the determination of the question of where the principal place of business is depends upon where the actual business of the concern is transacted”

Dayton required an out-of-state estate representative to obtain authority in West Virginia before maintaining a federal diversity action there.

“the powers of an administrator do not extend beyond the limit of the state of his appointment”

Cautions

A party seeking equitable subrogation could not obtain priority when it had already been adjudged a fraudulent vehicle for keeping the debtor's property from creditors.

“The doctrine of subrogation is an equitable one, and he who seeks it must come into court with clean hands.”

Signed rulings

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

Deal v. Coal & Coke Ry. Co.
· 1914-07-02
Demurrer (defendant) Denied

“The demurrer will be overruled.”

Klug v. Martinsburg Power Co.
· 1916-02-09
Plea in abatement (defendant) Granted

“It follows, therefore, that this plea must be sustained, and the case be dismissed without prejudice to any suit brought by a qualified representative in this state appointed, or who may be appointed, to administer the estate of Tinnemeyer.”

Wysong & Miles Co. v. Oakley
· 1909-04-16
Patent infringement claim (plaintiff) Denied

“It follows that complainants’ bill must be dismissed, with costs.”

Sherwood Shoe Co. v. Wix
· 1917-02-14
Appeal (creditors-appellants) Denied

“The decree of the court below must be affirmed.”

Wysong & Miles Co. v. Oakley & Jansen Co.
· 1915-03-19
Patent infringement claim (plaintiff) Denied

“The complainant’s hill in this cause must therefore he dismissed.”

Kirk v. West Virginia Colliery Co.
· 1914-05-08
Appeal (plaintiff-appellant) Denied

“Affirmed.”

Dodd v. Pocahontas Consol Collieries Co.
· 1917-07-25
Appeal (plaintiff-appellant) Denied

“The court below was clearly right in directing the verdict to be rendered for defendant, and its judgment in the premises must be affirmed. Affirmed.”

In re Farmers' Store & Supply Co.
· 1914-06-26
Petition for review of preference ruling (petitioning creditors) Denied

“The ruling of the referee must be affirmed.”

Strasser v. Bulkley
· 1912-03-15
Appeal (plaintiffs-appellants) Granted

“Reversed.”

Jeffrey Manufacturing Co. v. Mound Coal Co.
· 1914-07-02
Conditional seller claim (plaintiff) Granted

“It follows that judgment must be rendered in this case for the recovery of this property or the value thereof, in case recovery of it cannot be had, and also damages for its detention.”

In re Roberts
· 1911-01-05
Exception to secured claim priority (trustee and general creditors) Denied

“The ruling of the referee in this matter must be affirmed.”

Gillispie v. Riggs
· 1918-01-19
Motion to dismiss equity bill (defendants) Granted

“I therefore conclude this bill cannot be maintained, and the motion to dismiss it must be sustained.”

Caseload & timing

From public federal docket records for this judge.

The reviewed reported opinions span bankruptcy administration, patent litigation, coal and railroad disputes, equity, secured credit, jurisdiction, and appeals heard while Dayton sat by designation. This selected corpus is not a complete caseload measure.

A historical record

Judge Dayton 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.