George Warwick McClintic
Judge McClintic no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McClintic decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
McClintic read veterans-benefit exemptions broadly enough to protect identifiable bond proceeds after payment to the veteran.
“The language of the same is about as broad as language could be found in a statute extending the privilege of exemption.”
McClintic treated an intended insurance-beneficiary change as complete when the insured had done everything required and only the insurer's ministerial endorsement remained.
“On the principle that equity regards as done that which ought to be done, the courts will give effect to the intention of the insured by holding that the change of beneficiary has been accomplished where he has done all that he could do to comply with the provisions of the policy and all that remains to be done were certain formal and ministerial acts on the part of the company.”
Procedural preferences
McClintic treated default judgment as discretionary and disfavored it where delay caused no prejudice and a merits defense remained available.
“This rule permits such judgment but does not make it mandatory, obviously, by its very terms, leaving the matter within the discretion of the Court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Disposing of the second question first, the answer is unquestionably in the affirmative. The wife, having the property in her possession and claiming the same as hers, is an adverse claimant, and a plenary suit would be the remedy.”
“Taking all of the acts relating to exemption of proceeds from compensation, insurance, bonuses, etc., I can reach but one conclusion, and that is that the proceeds from the bonds in question are likewise exempt from the payment of the veteran’s debts.”
“Therefore, it follows that judgment should be for the defendant in this case.”
“Therefore, I overrule the motion to dismiss the' Coal Company as a third-party defendant.”
“It is the opinion of this court that the fire did not threaten either the reserved timber or the logging operations of the Lumber Company and that the Lumber Company is therefore entitled to recover from the government the value, of labor and materials expended by it in suppressing the fire under the terms of the deed. Judgment.for plaintiff.”
“The motion will be overruled with leave to defendants to file an answer under the stipulation providing therefor.”
“It necessarily follows, from this view, that there should be judgment for the plaintiff for the amount set out in his petition.”
“The respondent demurred to petitioner’s petition and the demurrer being overruled, respondent pleaded the general issue.”
“My conclusion of law from the foregoing finding of facts is that petitioner is entitled to judgment for the amount stated above, $5,568.99, with interest at the rate of 6 per cent, per annum from July 29, 1926, until paid, according to law.”
“The court being of the opinion that the word ‘friendly’ is not such a word as could be exclusively appropriated as a valid trade-mark in connection with shoes, that if 'the contrary were admitted there has been no proof of infringement thereon by defendant, and that no unfair competition has been shown to exist, the injunctive relief sought by plaintiff is denied.”
“I am therefore of the opinion that no tax is due the plaintiff from either of the defendants for the year 1919. A decree may be prepared in accordance with this opinion.”
“The finding of this court is that the change of beneficiary was completed at the time of insured’s death and that the beneficiary named in such change, Alice With-row Hill, is entitled to the proceeds of the policies issued on the life of Merritt M.‘ Hill.”
“Therefore, the injunction prayed' for herein will be granted.”
Caseload & timing
From public federal docket records for this judge.
No assigned electronic docket sample was available for a historical caseload description.
A historical record
Judge McClintic 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.