Henry De Lamar Clayton
Judge Clayton no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Clayton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treated a purchaser's concealed insolvency and known inability to pay as the legal equivalent of fraudulent intent, permitting sellers to reclaim goods.
“Knowledge of inability to pay when the purchase was made is equivalent to purchase with intent not to pay”
He protected an innocent automobile owner from forfeiture when the vehicle was taken and used without the owner's knowledge, consent, or negligence.
“section 26 saves the interest of the innocent owner from forfeiture.”
Procedural preferences
He measured federal jurisdiction by the value of the rights actually at stake rather than only the installments already due.
“It is the actual matter in dispute, the value of the rights involved, that is controlling.”
He evaluated removability from the record as it stood when the removal petition was filed.
“the removability of the case depends upon the state of the record at the time of the filing of petition for removal.”
He favored prompt bankruptcy administration and rejected a speculative lease strategy that could delay closing the estate for years.
“This bankrupt case should he closed with convenient speed”
Cautions
He declined constitutional intervention unless the challenged enactment was plainly invalid.
“the courts may not strike down an act of legislation as unconstitutional unless it be plainly and palpably so.”
He required parties seeking extraordinary injunctive relief to show a present legal basis rather than ask the court to convene a special tribunal for a claim that could not succeed.
“the temporary restraining order must be denied”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the injunction, heretofore issued, will be *714made,perpetual;”
“a decree will be entered overruling the objections to the claim of Dora Davidson, which has heretofore been filed and allowed.”
“the application of petitioner for discharge from custody is denied, his petition for the writ of habeas corpus dismissed, and he is remanded to the custody of the military authorities;”
“An order will therefore be made refusing to discharge Caldwell, and dismissing the petition filed in his behalf; but, following the practice in United States v. Reaves, supra, the dismissal will be without prejudice.”
“A decree will be rendered in favor of the plaintiff granting the relief prayed for in the bill.”
Clayton instructed condemnation commissioners: “When you shall have heard all the evidence in each case, you must carefully go over and inspect the several tracts of land.”
“The court is of the opinion, and so holds, that the interveners are not entitled to any equitable lien upon the funds.”
“the motion to strike the pleas be, and is hereby, granted.”
“On the trial of the case the court overruled the motion to dismiss for want of equity”
“the further prosecution of such suits in this court, and in the circuit court of Montgomery county, should be perpetually enjoined.”
“the demurrers to counts 2, 3, and 4 of the complaint should be sustained”
“the demurrers to pleas 3, 4, 5, and 6 should be overruled”
“Order will be entered denying the motion to supersede the decree dissolving the injunction.”
Caseload & timing
From public federal docket records for this judge.
The located writings span bankruptcy, injunctions, removal, habeas corpus, insurance, condemnation, taxation, railroad regulation, and property disputes. They do not establish the distribution of Clayton's full caseload.
A historical record
Judge Clayton 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.