Albert Morris Sames
Judge Sames no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Sames decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Sames required concrete corroborating circumstances before treating smell alone as grounds to arrest and search a private home.
“if the sense of smell be relied upon as inducing such belief, it must be supported by other concrete facts and circumstances surrounding the situation, within the knowledge of the arresting officer or officers at the time of such arrest.”
Procedural preferences
In bankruptcy administration, he favored abandonment rather than estate expense when encumbered property could not benefit unsecured creditors.
“It is well settled that tho trustee is not required to administer property burdened with liens or mortgages, and he may abandon the same to secured creditors; in fact, it is his duty to do so whenever it is certain that the general estate will derive no benefit from the sale of such property.”
Cautions
He would not allow a later written agreement to cure misleading statements used to induce an investment purchase.
“The Court holds that the purpose of the Securities Act of 1933, 15 U.S.C.A. § 77a et seq., may not be so defeated.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“This Court further concludes that the Revenue Act, Section 1700(e), as amended by the Internal Revenue Laws of 1942, became effective on November 1, 1942, and that, therefore, the plaintiff is not entitled to recover taxes erroneously paid and collected during the month of November, 1942; and it is, therefore, the conclusion of this Court that the plaintiff should have judgment against the defendant in the total amount of Eight Hundred Seventy Four and 53/100 ($874.53) Dollars with interest thereon as provided by law from the 14th day of October, 1944, until paid.”
“It appearing to the court that the joinder of Sanford is not baseless and is not a mere sham or device to defeat removal, this action does not really and substantially involve a separable controversy properly within the jurisdiction of this court, the same should be remanded to the superior court of Pima county, state of Arizona, at defendant’s costs.”
“(.1) Tho property owned by the tenant to which the landlords’ lien has attached is not subject to the payment of the general administration expenses, and is not governed by the provisions of sections 64a and 64b of the Bankruptcy Act. (2) No. If the referee, on notiee and hearing, is satisfied that the value of the property of tho tenant, subject to the lien, is insufficient to pay the amount of rent secured by the lien, and the said property is onerous and burdensome to the estate, he may properly authorize the trustee to abandon and surrender the same to the landlords.”
“The avoidance of the lease as prayed by the plaintiff will be denied.”
“The defendant is entitled to recover the amount of the monthly rentals accrued and unpaid and expenses incurred by defendant under the terms of the lease at the time of the institution of this suit.”
“The orders of the referee made on December 31, 1932, authorizing the trustee to post a rate of $14 per acre foot for supplying water under the various contracts involved in this hearing, and the appointment of George T. Grove as an appraiser to represent the trustee in the appraisement of the property of the bankrupt for the purpose of fixing a water rate to be charged, are hereby vacated and set aside.”
“(5) The petition of the trustee, praying for certain orders (filed herein on December 31,1932), does not state such facts which would warrant the bankruptcy court in granting the orders prayed for.”
“The motion of the movant Theodore Shultz, in cause No. C-6512, United States of America v. Theodore Shultz; of the movant Santiago Mendoza, in cause No. C-6469, United States of America v. Sandiago Mendoza; of the movant Edward Burns, in cause No. C-6494, United States of America v. Edward Burns et al.; and the movant Jack Mills, in cause No. C-6489, United States of America v. Jack Mills et al.-are each granted.”
“The motion of the movant James C. McGuire, in cause No. C-6518, United States of America v. James C. McGuire, is denied.”
“It is accordingly ordered that judgment be entered for the defendant and that the plaintiff take nothing by this action.”
“It is therefore ordered that the defendants be and they are hereby enjoined as prayed in the complaint.”
“In view of the foregoing, it appears that the defendant has sustained the required burden of proof that claims 1 and 3 of the Battey patent are invalid because of anticipation in the prior art, and because of lack of invention, and that defendant is entitled to judgment as prayed.”
“The evidence in this case clearly establishes that the apparatus, methods, and functions of the Cords patent were incorporated in patents and in machines in commercial use prior to the Cords application, and are anticipated in the prior art, and that said machines will produce piston rings as described in the Cords patent by the mere exercise of mechanical skill. It is therefore unnecessary to differentiate the teachings of the Cords patent, as contended by both plaintiff and defendant, or to consider the effect of the amendment to the application, the validity of the method claims, or the utility of the plaintiff’s machine, and all of the claims of the Cords patent in controversy are held invalid as anticipated.”
Caseload & timing
From public federal docket records for this judge.
No electronic case-level docket records were located for this historical tenure, so no caseload mix or duration claim is made.
A historical record
Judge Sames 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.