David Campbell Humphreys
Judge Humphreys no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Humphreys decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He required strong proof before permitting parol evidence to alter a written conveyance.
“Courts must be cautious in undertaking to permit the terms of written instruments to be varied by parol testimony.”
He gave substantial weight to written instruments when the parties' later testimony conflicted.
“the law attaches a force to the writings in this case which the evidence fails to overturn, but, on the contrary, sustains and corroborates.”
Cautions
He would not use equity to override express statutory limits on an institution's power.
“Equity cannot relieve against a positive injunction of the law.”
He approached mandamus against another department cautiously when the court lacked the complete administrative record.
“we cannot undertake to require other Departments to do that which in their judgment they ought not to do, unless we are in the full possession of all the facts and merits of any application.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The defendant is discharged and the warrant ciuashed.”
“we think they fully sustain the claim of complainant to a decree.”
“We think that we are forced, however reluctant to do so, by the mandate of authority, to'arrest the judgment.”
“The conclusion to which we come is that the motion for a new trial on the exceptions is overruled, and the judgment-of the circuit court'is affirmed.”
“The decree will be that this cause coming on to be heard, being argued by counsel, and on due consideration, it is ordered, adjudged, and decreed that the complainant’s bill be dismissed.”
“A decree will be drawn establishing the priority of the deeds of trust in favor of the Freedman’s Savings and Trust Company”
“the affirmance of that judgment is hereby ordered.”
“On payment into eourt of the money, we think the complainants will be entitled to the decree asked for, and counsel will carefully draught the same.”
“We have concluded, by a majority of the court, that we are called upon, by rules too firmly established to be unsettled, to affirm the order and decree of restraint in this case.”
“A majority of the court is of opinion that, in order to save litigation and further the ends of justice, according to the established rules of law, this may be done during the progress of the trial as well as when the trial begins.”
“So much of the decree of the court in special term as declines to charge Wise with use and occupation of the front part of the premises in question is hereby reversed, and the auditor’s report is confirmed as to the principle involved.”
A historical record
Judge Humphreys 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.