Smith McPherson
Judge McPherson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McPherson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
McPherson discounted prior-art evidence when witness conduct and evasive testimony undermined its reliability.
“If the facts have not been suppressed, the testimony is so evasive, so uncertain, and so unreliable as to drive me to the conclusion that it is not entitled to credence.”
He distinguished legitimate contemporaneous secured lending from an avoidable bankruptcy preference when the lender lacked reason to believe a preference was intended.
“The statute certainly cannot be invoked to put an end to legitimate business.”
Procedural preferences
He protected nonresident litigants, witnesses, and their chosen counsel from being served with new civil process while attending federal proceedings.
“And such rights of equality are not naked or barren rights, but rights which should be followed by his protection while going to, while attending, and returning from such court.”
When material facts could not be judicially noticed, he required the government to prove them to a jury rather than resolve them on the pleadings.
“issues of fact are raised, and the government will be required to furnish the evidence to sustain its allegations; and on the evidence for and against the law can be applied without difficulty.”
Cautions
He would not use equitable relief to give a landowner leverage beyond full compensation where an adequate legal remedy existed.
“The writ of injunction is not allowed as a club, but is only allowed in furtherance of good conscience, and to protect a party in a right for which a court of law does not furnish an adequate remedy.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion for judgment for- the amount of the penalty of the bond, with interest thereon, will be sustained, and a judgment accordingly entered; but interest will be allowed only from the time the application for this judgment was filed.”
“The order is that there will be a decree for the complainant, upholding the claims mentioned, and decreeing the defendants to be guilty of infringement, and to call for an accounting.”
“The motion will be sustained, the service of the summons vacated, and the cases dismissed.”
“The demurrer will be sustained; and, as plaintiff declines to amend, the case is dismissed.”
“Defendant’s motion will be sustained, and the case dismissed, with prejudice.”
“This court will retain jurisdiction over the parties and the entire subject-matter for further proceedings, and the motion to remand is overruled.”
“We hold the statute to be void, and unite in holding that a temporary writ of injunction should be issued as prayed.”
“For the reasons stated, the holding is that each of the cases is removable, and the motions to remand will be overruled.”
“Mr. Merritt of the jury will act as foreman, and, as such will sign -the four verdicts which I now hand him, which are for the governuient under all the counts, and on which judgments will be entered.”
“Every one of the exceptions of the gas company is overruled.”
“The bill of complaint is dismissed, with prejudice, and the interlocutory writ of injunction and restraining order vacated.”
“His ’ bill of complaint and amendments should be dismissed with prejudice. Such will be the decree.”
“An order will be entered adjudicating him a bankrupt.”
Caseload & timing
From public federal docket records for this judge.
No electronic case-level docket exists for McPherson's tenure. The profile therefore makes no claim about complete caseload mix, duration, administrative dispositions, or motion timing.
A historical record
Judge McPherson 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.