Charles Joseph Vogel
Judge Vogel no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Vogel decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Vogel treated the federal bankruptcy definition of personal representative as controlling over state-law objections to an administrator's petition.
“A ‘personal representative’ is clearly to be interpreted as an administrator. When bankruptcy supervenes the jurisdiction of the- State Court ceases”
He balanced public-project needs against displaced owners' practical interests when setting possession terms in condemnation.
“The fixing of the time of possession and the terms of possession must, of course, be exercised reasonably and with due regard for the needs of the Government and the rights of the owners.”
Procedural preferences
Vogel required pleadings to inform the court as well as the opposing party and granted particularization where the claim remained opaque.
“The purpose of pleadings is not alone to apprise the adverse party of what is claimed, but also to inform the Court, and I can see no reason for evasion or failure to disclose the grounds relied upon.”
He construed criminal statutes strictly before allowing an indictment to proceed.
“Criminal statutes are to be strictly construed.”
Cautions
Vogel treated allegations of poor judgment in flood-control releases as discretionary-function claims outside the Federal Tort Claims Act.
“At best, the complaint alleges the abuse of a discretionary function.”
He found that a geographic modifier did not cure likely confusion created by adopting another petroleum company's dominant name.
“Tacking the phrase ‘of North Dakota’ onto the dominant phrase ‘Standard Oil Company’ does not lessen the confusion.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the motion is dismissed and the case remanded to the Conciliation Commissioner for such further proceedings as may be proper.”
“that portion of the petition asking for personal appearance was denied.”
“I am, accordingly, of the opinion that the sentence imposed under count one of the indictment should be vacated. The judgment and sentence of fifteen years imposed under count two stands. As to all other points raised in defendant’s petition, such petition is denied.”
“From the foregoing it will appear that this Court is without jurisdiction and, accordingly, the case is dismissed.”
“The order of the Conciliation Commissioner acting as Referee is in all things sustained, excepting only that portion of the order denying the motion of the petitioning creditor for an additional payment of $500 on the principal due and owing;”
“the bankrupt is hereby directed and ordered to make a payment in the sum of $500 in addition to the rental heretofore referred to, such $500 to be applied on the amount due and owing to The Fidelity Mutual Life Insurance Company.”
“An order will be prepared denying plaintiff’s motion in its entirety and granting defendant’s motion for a bill of particulars as outlined therein.”
“The District Court’s order of October 23, 1942, and its order overruling petition for rehearing, dated November 5, 1942, are reversed and the conciliation commissioner^ order of August 3, 1942, is set aside and the case is remanded with instructions to allow the debtor a reasonable time within which to pay the balance of the rent due January 15, 1942, and for further proceedings in accordance with the provisions of the Act.”
“Accordingly, the judgment of the District Court is reversed, with instructions to enter judgment in favor of the employee for the amount agreed upon between the parties.”
“Accordingly, the order complained of will be set aside and the case referred to the Supervising Conciliation Commissioner for the purpose of determining the amount of rental the bankrupt should pay for the period between May 28, 1943, and October 14, 1943.”
“Accordingly, this case will be remanded to the Conciliation Commissioner with instructions to give consideration to the bankrupt’s application for discharge and for such further proceedings as may be necessary in connection therewith.”
“In accordance with the foregoing, the-plaintiff’s suit will be dismissed. Plaintiff may have twenty days from the date hereof within which to file an amended pleading, provided he desires to do so.”
Caseload & timing
From public federal docket records for this judge.
The twenty-five reviewed decisions do not establish the distribution of Vogel's full district caseload.
A historical record
Judge Vogel 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.