80 F.2d 648 (1935) GERRISH v. ATLANTIC ICE & COAL CO. No. 7879. Circuit Court of Appeals, Fifth Circuit. December 19, 1935. Clint W. Hager and J. W. Mason, both of Atlanta, Ga., for appellant. *649 Pope F. Brock and John A. Sibley, both of Atlanta, Ga., for appellee. Before SIBLEY and WALKER, Circuit Judges, and HOLMES, District Judge. HOLMES, District Judge. This is a suit for $20,000, with interest thereon at 6 per cent. per annum from July 1, 1929. The indebtedness is evidenced by 20 coupon,...
80 F.2d 265 (1935) AMASON v. FORD MOTOR CO. No. 7867. Circuit Court of Appeals, Fifth Circuit. December 3, 1935. Stephen C. Upson, of Athens, Ga., and Horace M. Holden, Hugh Howell, and Allen Post, all of Atlanta, Ga., for appellant. Frank C. Tindall, of Atlanta, Ga., for appellee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. FOSTER, Circuit Judge. Appellant brought this suit, on behalf of herself and two minor children, in a state court to recover damages in the sum of $50,000, for...
80 F.2d 449 (1935) McKEEVER v. LOCAL FINANCE CO. et al. No. 7851. Circuit Court of Appeals, Fifth Circuit. November 21, 1935. William S. Pritchard, Archie T. Grubb, and Albert A. Rosenthal, all of Birmingham, Ala., for appellant. Borden Burr, D. K. McKamy, and A. Berkowitz, all of Birmingham, Ala., for appellees. Before FOSTER, HUTCHESON, and WALKER, Circuit Judges. HUTCHESON, Circuit Judge. This appeal tests primarily whether a propertyless debtor, who has applied under section 74 of the...
80 F.2d 418 (1935) LYNCH v. UNITED STATES. No. 7839. Circuit Court of Appeals, Fifth Circuit. December 2, 1935. Rehearing Denied January 7, 1936. John J. McCreary, of Macon, Ga., for appellant. Thomas E. Walsh, Atty., Department of Justice, of Washington, D. C., Wilbur C. Pickett and Randolph C. Shaw, Sp. Assts. to Atty. Gen., and T. Hoyt Davis, U. S. Atty., and A. Edward Smith, Asst. U. S. Atty., both of Macon, Ga., for the United States. Before SIBLEY and WALKER, Circuit Judges, and HOLMES,...
78 F.2d 578 (1935) TENNESSEE VALLEY AUTHORITY et al. v. ASHWANDER et al. [*] ASHWANDER et al. v. TENNESSEE VALLEY AUTHORITY et al. Nos. 7764, 7812. Circuit Court of Appeals, Fifth Circuit. July 17, 1935. *579 No. 7764: James Lawrence Fly, Gen. Sol., Tennessee Valley Authority, and William C. Fitts, Jr., both of Knoxville, Tenn., John Lord O'Brian, of Buffalo, N. Y., and Wm. H. Mitchell, of Florence, Ala., for appellants. Forney Johnston and Jos. F. Johnston, both of Birmingham, Ala., for...
77 F.2d 897 (1935) GEORGIA RY. & ELECTRIC CO. et al. v. COMMISSIONER OF INTERNAL REVENUE. No. 7738. Circuit Court of Appeals, Fifth Circuit. June 1, 1935. Walter T. Colquitt, of Atlanta, Ga., L. A. Gravelle, of Washington, D. C., Adrian C. Humphreys and Justin R. Whiting, both of New York, N. Y., for petitioners. Frank J. Wideman, Asst. Atty. Gen., J. Louis Monarch and Sewall Key, Sp. Assts. to the Atty. Gen., Robert H. Jackson, Asst. Gen. Counsel, Bureau of Internal Revenue, and W. Frank Gibbs,...
79 F.2d 721 (1935) BOGGAN v. PROVIDENT LIFE & ACCIDENT INS. CO. OF CHATTANOOGA, TENN. No. 7708. Circuit Court of Appeals, Fifth Circuit. November 9, 1935. Erle Pettus and Erle Pettus, Jr., both of Birmingham, Ala., for appellant. Wm. S. Pritchard and James W. Aird, both of Birmingham, Ala., for appellee. Before FOSTER, HUTCHESON, and WALKER, Circuit Judges. HUTCHESON, Circuit Judge. This is an appeal prosecuted in forma pauperis by the administrator, from a verdict and judgment that he take...
77 F.2d 733 (1935) ADLER v. COMMISSIONER OF INTERNAL REVENUE (two cases). No. 7699. Circuit Court of Appeals, Fifth Circuit. May 22, 1935. John W. Townsend, of Washington, D. C., for petitioners. Frank J. Wideman, Asst. Atty. Gen., Sewall Key and Arnold Raum, Sp. Assts. to Atty. Gen., and Robert H. Jackson, Asst. Gen. Counsel, Bureau of Internal Revenue, and John H. Pigg, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent. Before BRYAN, FOSTER, and HUTCHESON,...
80 F.2d 677 (1935) DEUTSCH v. ADERHOLD, Warden. No. 7692. Circuit Court of Appeals, Fifth Circuit. December 20, 1935. Hal Lindsay, of Atlanta, Ga., for appellant. Lawrence S. Camp, U. S. Atty., Harvey H. Tisinger, Asst. U. S. Atty., and H. T. Nichols, Sp. Atty., Dept. of Justice, all of Atlanta, Ga., for appellee. Before FOSTER, SIBLEY, and WALKER, Circuit Judges. FOSTER, Circuit Judge. This is an appeal from a judgment dismissing a petition for a writ of habeas corpus to release a prisoner...
77 F.2d 961 (1935) CHADICK v. UNITED STATES. No. 7689. Circuit Court of Appeals, Fifth Circuit. May 31, 1935. Rehearing Denied July 8, 1935. *962 B. D. Tarlton, of Corpus Christi, Tex., and E. A. McDaniel, of McAllen, Tex., for appellant. W. R. Smith, Jr., U. S. Atty., and H. W. Moursund and Ben F. Foster, Asst. U. S. Attys., all of San Antonio, Tex., and J. Louis Monarch, Sp. Asst. to Atty. Gen., for the United States. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. BRYAN, Circuit Judge....
79 F.2d 934 (1935) CARDELL v. TENNESSEE ELECTRIC POWER CO. No. 7658. Circuit Court of Appeals, Fifth Circuit. November 14, 1935. Reuben R. Arnold, of Atlanta, Ga., for appellant. G. E. Maddox, of Macon, Ga., for appellee. Before FOSTER, HUTCHESON, and WALKER, Circuit Judges. HUTCHESON, Circuit Judge. This appeal is from a judgment on a directed verdict. The suit was for damages for the negligent killing of plaintiff's husband in a collision between his truck and a bus owned by defendant....
77 F.2d 670 (1935) COMMISSIONER OF INTERNAL REVENUE v. CUMMINGS. No. 7651. Circuit Court of Appeals, Fifth Circuit. May 16, 1935. *671 Frank J. Wideman, Asst. Atty. Gen., Lucius A. Buck and Sewall Key, Sp. Assts. to Atty. Gen., and Robert H. Jackson, Asst. Gen. Counsel, Bureau of Internal Revenue, and W. E. Davis, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner. A. Loeb Salkin, of New York City, for respondent. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges....
78 F.2d 25 (1935) STOWERS v. WHEAT et al. [*] FRED T. LEY & CO., Inc., v. SAME. WHEAT v. COMEAU et al. No. 7649. Circuit Court of Appeals, Fifth Circuit. May 31, 1935. *26 J. Field Wardlaw, of West Palm Beach, Fla., for appellant. Dan MacDougald, of Atlanta, Ga., E. T. McIlvaine, of Jacksonville, Fla., and Frank D. Upchurch, of St. Augustine, Fla., for appellees. Henry P. Adair, of Jacksonville, Fla., for appellee and cross-appellant Wheat and others. Joseph F. McPherson, of Miami, Fla., for...
77 F.2d 699 (1935) FEWOX v. UNITED STATES. No. 7644. Circuit Court of Appeals, Fifth Circuit. May 20, 1935. W. K. Zewadski, Jr., and Wm. C. Pierce, both of Tampa, Fla., for appellant. John W. Holland, U. S. Atty., of Jacksonville, Fla. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. Fewox was convicted on November 27, 1934, of offenses against the internal revenue laws. An ordinary motion for new trial was made the next day. It was overruled, and he was sentenced on...
76 F.2d 701 (1935) TRAVELERS' INS. CO. v. WILKES. No. 7639. Circuit Court of Appeals, Fifth Circuit. April 18, 1935. *702 Francis M. Holt, Sam R. Marks, and Harry T. Gray, all of Jacksonville, Fla., for appellant. Frank F. L'Engle, of Jacksonville, Fla., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. SIBLEY, Circuit Judge. The policy insured Beverly Corbin Wilkes "against loss resulting from bodily injuries effected directly and independently of all other causes through...
76 F.2d 1 (1935) BANCKER v. COMMISSIONER OF INTERNAL REVENUE. No. 7624. Circuit Court of Appeals, Fifth Circuit. March 12, 1935. Rehearing Denied April 20, 1935. Allen W. Clapp and Hal Lindsay, both of Atlanta, Ga., for petitioner. Frank J. Wideman, Asst. Atty. Gen., Thomas A. Carpenter, Sewall Key, and Norman D. Keller, Sp. Assts. to Atty. Gen., and Robert H. Jackson, Asst. Gen. Counsel, Bureau of Internal Revenue, and John D. Kiley, Sp. Atty., Bureau of Internal Revenue, both of Washington, D....
76 F.2d 35 (1935) DILLINGHAM v. UNITED STATES No. 7619. Circuit Court of Appeals, Fifth Circuit. March 7, 1935. W. P. Hughes, of Miami, Fla., for appellant. John W. Holland, U. S. Atty., of Jacksonville, Fla. Before BRYAN, HUTCHESON, and WALKER, Circuit Judges. HUTCHESON, Circuit Judge. This is an appeal from an order, entered March 10, 1934, revoking appellant's probation and making effective the two years sentence in the Atlanta penitentiary theretofore imposed on him. The order was entered...
77 F.2d 423 (1935) UNITED STATES v. TARRER. No. 7610. Circuit Court of Appeals, Fifth Circuit. April 25, 1935. *424 J. Gregory Bruce, Atty., Department of Justice, of Washington, D. C., and T. Hoyt Davis, U. S. Atty., and H. Grady Rawls, Asst. U. S. Atty., both of Macon, Ga., for the United States. Alexis A. Marshall and Gilbert C. Robinson, both of Montezuma, Ga., for appellee. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. BRYAN, Circuit Judge. Appellee, as beneficiary under a war risk...
78 F.2d 73 (1935) CURTIS et al. v. HUMPHREY. [*] No. 7608. Circuit Court of Appeals, Fifth Circuit. June 11, 1935. Wm. H. Watkins, of Jackson, Miss., Edward C. Brewer, of Clarksdale, Miss., and R. J. Pettey, of Greenwood, Miss., for appellants. Knox Lamb, of Greenwood, Miss., for appellee. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. BRYAN, Circuit Judge. The trustee of the bankrupt estate of Susan B. Humphrey and a creditor of that estate appeal from an order of the District Court...
80 F.2d 494 (1935) WESTWOOD v. CONTINENTAL CAN CO., Inc. No. 7603. Circuit Court of Appeals, Fifth Circuit. December 10, 1935. *495 John W. Beveridge and T. S. Taliaferro, both of Houston, Tex., for appellant. J. C. Hutcheson, III., and John P. Bullington, both of Houston, Tex., for appellee. Before FOSTER and SIBLEY, Circuit Judges, and STRUM, District Judge. SIBLEY, Circuit Judge. The appellant H. O. Westwood was a stockholder, director, vice president and the general manager of Southwestern...
