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Moses Hallett

United States District Court for the District of Colorado district Retired 1906 · served 1877–1906 Appointed by Ulysses S. Grant (Republican) 24 signed orders read

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

How Judge Hallett decides

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

What persuades

He treated a common carrier's public duty as incompatible with discriminatory rates and exclusive traffic arrangements designed to suppress rival routes.

“We deny the power of a railroad company, in the use of its own road, by discriminating charges or other arbitrary measures to compel the public to resort to any other road, or adopt any particular course in the transmission of goods or passengers.”

He read special statutory proceedings strictly and declined to borrow remedies from general practice when Congress had not authorized them.

“The proceeding stands upon the statute only, and it is believed that no departure can be made from the statute in any substantial matter.”

He enforced explicit bankruptcy deadlines without creating equitable exceptions for a creditor's lack of notice or attorney negligence.

“No language could be more explicit, and no court can doubt as to its meaning.”

Procedural preferences

He read statutes as a whole and rejected interpretations that relied on one clause while discarding the next.

“There is no warrant or authority in any recognized rule of construction for thus accepting one part of an act of congress, and rejecting another part.”

He held litigants to their election of forum and would not permit a state-court plaintiff to recreate the same controversy in federal court after an unfavorable turn.

“In either case he cannot renew the controversy in this court.”

He required a written insurance-policy endorsement to show actual knowledge and an express waiver of a condition; an agent's unrecorded knowledge was insufficient.

“It must appear in the writing indorsed upon the policy that there was such knowledge, and that the terms of the policy were the subject of express waiver.”

Signed rulings

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

Heckling v. Allen
· 1882-12-15
Motion to vacate judgment (defendant) Granted in part

“Meanwhile all proceedings on this judgment will be stayed, with leave to defendant to renew his motion to vacate our judgment”

Denver & N. O. R. Co. v. Atchison, T. & S. F. R. Co.
· 1883-02-24
Claim for injunctive relief (plaintiff railroad) Granted in part

“The decree will be for the complainant, but not to the full extent of the prayer qf the bill.”

Pitkin County Min. Co. v. Markell
· 1887-12-15
Motions to remand (plaintiff) Denied

“The motions to remand will ho overruled.”

Steves v. Carson
· 1890-07-01
Demurrer to complaint (defendants) Granted

“The demurrer will be sustained, and judgment of dismissal will be entered.”

In re Carrier
· 1893-08-25
Petition for bail (extradition respondent) Denied

“the wrrit will he refused.”

Interstate Commerce Commission v. Southern Pac. Co.
· 1896-05-12
Plea to jurisdiction (Southern Pacific Company) Denied

“The plea to the jurisdiction will be overruled.”

Shearing v. Trumbull
· 1896-07-08
Motion to vacate remand order (federal receiver defendant) Denied

“The motion to vacate the order remanding the case will be overruled.”

Hughes v. Green
· 1896-07-29
Motions to dismiss (defendants) Granted

“The bill will be dismissed, at complainant’s cost.”

In re Tudor
· 1899-07-01
Petition for review (bankrupt) Denied

“I think the orders made here were clearly within the power and authority of the referee, and this man must be committed to the jail of Arapahoe county until he shows some disposition to comply with the orders; and I so order.”

In re Leigh
· 1899-09-19
Petition for review (mortgage claimant) Denied

“I believe the position of the referee to be correct, and therefore it is affirmed.”

In re Elk Park Mining & Milling Co.
· 1899-12-26
Involuntary bankruptcy petition (petitioning creditors) Denied

“I think the petition ought to be dismissed, as not coming within the terms of the act.”

Roxanna Gold Mining & Tunneling Co. v. Cone
· 1899-12-27
Motion for injunction (plaintiff mining company) Denied

“In this view, I think the motion for injunction should be denied.”

Caseload & timing

From public federal docket records for this judge.

Hallett carried Colorado's federal trial docket during the district's first three decades, including mining, railroad, bankruptcy, interstate-commerce, insurance, and federal Indian-affairs disputes. No electronic records are available to quantify his caseload.

A historical record

Judge Hallett 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.