John Calvin Pollock
Judge Pollock no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Pollock decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Pollock reduced an insider’s bankruptcy demand to the amount supported by fair market value and equitable dealing.
“Such rule lies at the very foundation of justice and fair dealing.”
He looked to the state supreme court’s construction of the cooperative statute in rejecting the federal tax.
“I fail to find any justification for the taxes imposed and collected from plaintiffs.”
Procedural preferences
He independently reviewed the record before adopting a special master’s patent findings and recommended decree.
“I have examined the entire record, and have arrived at the conclusion, as did the special master, the interest of the plaintiff in the letters patent in suit is ample to entitle it to maintain this suit.”
On questions governed by state law, he treated the state’s highest court as controlling.
“in all such cases the local law as declared by the highest judicial tribunal of the state is binding upon the federal courts sitting in such state”
Cautions
He read post-sentence jurisdiction narrowly once the term ended and execution of the sentence began.
“the court lost jurisdiction and all control over the saíne”
He required a valid judicial judgment, not informal clerk minutes, before permitting prolonged felony confinement.
“Their liberties cannot be abridged or denied them in manner so careless, in form so uncertain, as here presented.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the exception taken thereto in this instance is overruled.”
“The second and third points of the first exception, namely, that the answer is insufficient in failing to plead the date when granted or the name of the person to whom letters patent No. 246,597, and No. 332,-402, and the British, patents, as pleaded by defendant, is well taken, and is sustained as too indefinite and uncertain.”
“It follows the order of the referee in denying the demand of claimant as a creditor, to the prejudice of other creditors, was right, and, being right, must be affirmed.”
“the order of the referee in refusing the allowance of the demand of Waterhouse, based on the $3,000 note by him paid to the Fourth National Bank of Wichita, unless the preferential payment by the bankrupt of the promissory note to Strauss Bros., on which claimant was guarantor, is returned, is correct, and, being correct, must be affirmed and approved.”
“It follows judgment must go for the defendant.”
“It follows, judgment must go for the defendant.”
“The order of the referee is accordingly reversed, with directions to find and determine from the proofs taken, or others which may be taken, the fair market value of the goods purchased by the corporation from Harris at the time they were so purchased”
“1 hold the petition must he dismissed, because insufficient in law.”
“For the reasons expressed in the memorandum opinion filed in that case, the motion in the present case'is likewise sustained.”
“The cross-bill will be transferred• to the equity side of the court, and there docketed as an independent case against the plaintiff herein, to await the trial and decision of this action at law, wherein the fraud and misrepresentation is pleaded by way of defense.”
“hence the motion to dismiss the petition must be denied.”
“the attempted proceedings in garnishment in this case must be and are discharged, and the motion therefore granted.”
Caseload & timing
From public federal docket records for this judge.
No electronic assigned-case cohort was available for caseload analysis.
A historical record
Judge Pollock 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.