67 F.2d 840 (1933) EVANS et al. v. MILLS et ux. No. 7075. Circuit Court of Appeals, Fifth Circuit. December 11, 1933. Rehearing Denied January 13, 1934. Cary McClure Abney, of Marshall, Tex., and T. A. Bath, of Henderson, Tex., for appellants. J. W. McDavid and W. M. Futch, both of Henderson, Tex., and E. P. Price, of Tyler, Tex., for appellees. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. Joe Mills and Mary Mills, his wife, own and occupy as their homestead...
67 F.2d 744 (1933) UNITED STATES ex rel. VOIGT v. TOOMBS. No. 7044. Circuit Court of Appeals, Fifth Circuit. December 7, 1933. Brantly Harris and Sadie Bevilacqua, both of Galveston, Tex., for appellant. H. M. Holden, U. S. Atty., and M. S. McCorquodale, Asst. U. S. Atty., both of Houston, Tex., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. BRYAN, Circuit Judge. An indictment was returned in the Southern District of Texas against Oscar E. Voigt and others, charging a...
67 F.2d 247 (1933) ADERHOLD, Warden, v. HUGART. No. 7035. Circuit Court of Appeals, Fifth Circuit. October 24, 1933. Clint W. Hager, U. S. Atty., and H. T. Nichols, Asst. U. S. Atty., both of Atlanta, Ga., for appellant. John Hugart, of Atlanta, Ga., pro se. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. SIBLEY, Circuit Judge. John Hugart was discharged on habeas corpus from a sentence based on the second count of an indictment which charged that he "did unlawfully conceal and aid and abet...
68 F.2d 57 (1933) ARNALL MILLS v. SMALLWOOD. No. 7020. Circuit Court of Appeals, Fifth Circuit. December 16, 1933. *58 Harry L. Greene, of Atlanta, Ga., for appellant. Sidney Holderness, of Carrollton, Ga., and J. Caleb Clarke, of Atlanta, Ga., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. The appellee, a fifteen year old girl employed by appellant in its cutting and folding room, in off hours sometimes assisted her father in the weaving room,...
67 F.2d 684 (1933) RUFF v. GAY. No. 7008. Circuit Court of Appeals, Fifth Circuit. November 15, 1933. Isaac S. Peebles, Jr., and Thomas W. Hardwick, both of Augusta, Ga., for appellant. A. B. Lovett, of Savannah, Ga., and E. P. Davis, of Warrenton, Ga., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. Plaintiff Ruff brought this suit in the superior court of Warren county, Georgia, against the defendant Gay, as receiver of the Savannah & Atlanta...
67 F.2d 768 (1933) FENNELL v. UNITED STATES. No. 7005. Circuit Court of Appeals, Fifth Circuit. December 11, 1933. Hal Browne and David Weintraub, both of San Antonio, Tex., for appellant. W. R. Smith, Jr., U. S. Atty., of San Antonio, Tex. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. Louis Raymond died in France in 1919 a soldier of the United States, having in force war risk insurance payable to himself. Earl Fennell, claiming to be his brother and sole heir,...
67 F.2d 423 (1933) ORR et al. v. NEILLY. No. 6992. Circuit Court of Appeals, Fifth Circuit. November 7, 1933. William A. Fuller and Douglas M. Orr, both of Atlanta, Ga., and D. C. Webb, of Knoxville, Tenn., for appellants. Marion Smith and Clarence H. Calhoun, both of Atlanta, Ga., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. BRYAN, Circuit Judge. This is an appeal from an order in bankruptcy in which it was held that the claim of appellants was not provable against the...
67 F.2d 345 (1933) ADERHOLD, Warden, v. MENEFEE. No. 6984. Circuit Court of Appeals, Fifth Circuit. October 30, 1933. Clint W. Hager, U. S. Atty., and Hal Lindsay, Asst. U. S. Atty., both of Atlanta, Ga., and Leslie C. McNemar, Atty., Office of Judge Advocate General, Navy Department, of Washington, D. C., for appellant. Warren Cox, of Atlanta, Ga., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. BRYAN, Circuit Judge. This is an appeal from an order in habeas corpus...
67 F.2d 983 (1933) Tony ALEXANDER, Appellant, v. A. C. ADERHOLD, Warden, United States Penitentiary, Atlanta, Georgia, Appellee. No. 6965. Circuit Court of Appeals, Fifth Circuit. October 13, 1933. In Forma Pauperis. Tony Alexander, in pro. per. H. T. Nichols, Asst. U. S. Atty., of Atlanta, Ga., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. PER CURIAM. On the authority of United States v. Barnow, 239 U.S. 74 , 36 S. Ct. 19 , 60 L. Ed. 155 , and Lamar v. United States, 241 U....
67 F.2d 714 (1933) CUNNINGHAM v. UNITED STATES. No. 6960. Circuit Court of Appeals, Fifth Circuit. November 27, 1933. Y. D. Mathes and Orrin H. Bonney, both of Houston, Tex., for appellant. Douglas W. McGregor, Asst. U. S. Atty., of Houston, Tex., and Chas. R. Guinn, Atty., Veterans' Administration, of San Antonio, Tex., for the United States. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. Appellant, claiming for her ward "automatic insurance" benefits extended...
67 F.2d 820 (1933) HARGROVE v. UNITED STATES. No. 6943. Circuit Court of Appeals, Fifth Circuit. December 7, 1933. *821 B. D. Tarlton and L. Hamilton Lowe, both of Corpus Christi, Tex., for appellant. W. R. Smith, Jr., U. S. Atty., of San Antonio, Tex. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. Charged in four counts with willfully failing to make and file a return of income for the years 1928 and 1929, and with willfully and knowingly attempting to defeat...
67 F.2d 669 (1933) MITCHELL v. INVESTMENT SECURITIES CORPORATION. No. 6931. Circuit Court of Appeals, Fifth Circuit. November 25, 1933. T. Baldwin Martin, of Macon, Ga., for appellant. Daniel MacDougald and Pope F. Brock, both of Atlanta, Ga., for appellee. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. In April, 1931, the Case-Fowler Lumber Company transferred cash and securities to the Investment Securities Corporation, to pay a debt long past due. On May 6, on...
67 F.2d 259 (1933) ADERHOLD, Warden, v. SOILEAU. No. 6926. Circuit Court of Appeals, Fifth Circuit. October 24, 1933. Philip H. Mecom, U. S. Atty., and J. Fair Hardin, Asst. U. S. Atty., both of Shreveport, La., and Clint W. Hager, U. S. Atty., and Hal Lindsay, Asst. U. S. Atty., both of Atlanta, Ga., for appellant. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. Joseph Soileau was discharged on habeas corpus from serving a sentence for an escape on May 25, 1931,...
65 F.2d 911 (1933) BAIRD v. UNITED STATES. No. 6891. Circuit Court of Appeals, Fifth Circuit. July 6, 1933. S. L. Herold, of Shreveport, La., for appellant. Ralph E. Smith and W. B. Duff, Sp. Attys., Bureau of Internal Revenue, both of Washington, D. C., and Philip H. Mecom, U. S. Atty., of Shreveport, La., for the United States. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. FOSTER, Circuit Judge. This is a suit brought under the provisions of the Tucker Act, Jud. Code § 24(20), 28 USCA §...
65 F.2d 548 (1933) THIRD NAT. BANK OF MIAMI v. DETROIT FIDELITY & SURETY CO. No. 6890. Circuit Court of Appeals, Fifth Circuit. June 8, 1933. Rehearing Denied July 11, 1933. Marshall C. Wiseheart and H. H. Taylor, both of Miami, Fla., for appellant. H. C. Tillman and G. L. Reeves, both of Tampa, Fla., for appellee. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. SIBLEY, Circuit Judge. Detroit Fidelity & Surety Company became surety upon the bond of Central Station Equipment Company for $532,...
67 F.2d 590 (1933) PAN AMERICAN PETROLEUM CORPORATION v. STATE OF ALABAMA. No. 6884. Circuit Court of Appeals, Fifth Circuit. November 15, 1933. Rehearing Denied December 14, 1933. Lloyd J. Cobb, of New Orleans, La., for appellant. Matt H. Murphy and William H. Ellis, both of Birmingham, Ala., for the State. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. BRYAN, Circuit Judge. This is a suit by the state of Alabama to collect excise taxes upon the sales of gasoline and other petroleum...
65 F.2d 130 (1933) CAPONE v. ADERHOLD, Warden. No. 6880. Circuit Court of Appeals, Fifth Circuit. May 31, 1933. William E. Leahy and Wm. J. Hughes, Jr., both of Washington, D. C., and Edwin H. Grace, of New Orleans, La., for appellant. Clint W. Hager, U. S. Atty., and Hal Lindsay, Asst. U. S. Atty., both of Atlanta, Ga., Dwight H. Green, U. S. Atty., of Chicago, Ill., and G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and John H. McEvers, Sp. Assts. to Atty. Gen., for appellee. Before BRYAN,...
66 F.2d 87 (1933) BIGGS v. ATLANTIC COAST LINE R. CO. No. 6870. Circuit Court of Appeals, Fifth Circuit. July 21, 1933. George Palmer Garrett, of Orlando, Fla., for appellant. Le Roy B. Giles and Warren B. Parks, both of Orlando, Fla., for appellee. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. FOSTER, Circuit Judge. This is a suit brought against a corporation alone to recover damages for libel. The cause of action alleged is substantially this: Appellant, Biggs, was employed by the...
65 F.2d 452 (1933) ADERHOLD, Warden, v. McCARTHY. No. 6866. Circuit Court of Appeals, Fifth Circuit. May 29, 1933. Clint W. Hager, U. S. Atty., and Hal Lindsay, Asst. U. S. Atty., both of Atlanta, Ga., for appellant. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. SIBLEY, Circuit Judge. In his response to a writ of habeas corpus, the Warden of the United States Penitentiary at Atlanta justifies his holding of George McCarthy by a commitment from the District Court of Vermont containing a...
64 F.2d 800 (1933) FORD, BACON & DAVIS, Inc., v. VOLENTINE. No. 6862. Circuit Court of Appeals, Fifth Circuit. April 15, 1933. Rehearing Denied May 15, 1933. David Clay Bramlette, of Woodville, Miss., for appellant. Richard H. Switzer, of Shreveport, La., and John Brunini, of Vicksburg, Miss., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. Reuben J. Volentine and his wife, citizens of Louisiana, sued Ford, Bacon & Davis, Inc., a corporation of New...
