115 F.2d 453 (1940) ADAMS v. CITY BANK & TRUST CO. OF MACON, GA. In re GENERAL BOX CO., Inc. No. 9655. Circuit Court of Appeals, Fifth Circuit. November 15, 1940. T. Baldwin Martin, of Macon, Ga., for appellant. A. O. B. Sparks and Charles M. Cork, both of Macon, Ga., for appellee. Before SIBLEY, HOLMES, and McCORD, Circuit Judges. HOLMES, Circuit Judge. This appeal presents the question: Does a bill of sale conveying personal property to secure an indebtedness simultaneously created become a...
116 F.2d 261 (1940) GRIFFIN v. McCOACH et al. No. 9652. Circuit Court of Appeals, Fifth Circuit. December 9, 1940. Rehearing Denied January 14, 1941. *262 C. J. Shaeffer, of Dallas, Tex., for appellant. Chester F. Clark, of Fort Worth, Tex., and Carl B. Callaway, Frank C. Brooks, and Pat H. Candler, all of Dallas, Tex., for appellees. Before SIBLEY, HOLMES, and McCORD, Circuit Judges. HOLMES, Circuit Judge. This is a contest over the proceeds of an insurance policy issued on the life of Colonel...
115 F.2d 189 (1940) DAVISON-PAXON CO. v. CALDWELL. No. 9645. Circuit Court of Appeals, Fifth Circuit. October 29, 1940. Rehearing Denied January 14, 1941. Houston White, of Atlanta, Ga., for appellant. John D. Allen and R. B. Pullen, both of Atlanta, Ga., for appellee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. The suit was to enjoin the enforcement by garnishment against plaintiff of a state court judgment for debt. It was brought in the bankruptcy court on...
116 F.2d 1010 (1940) STEWART v. GANEY. No. 9635. Circuit Court of Appeals, Fifth Circuit. November 19, 1940. Rehearing Denied January 4, 1941. *1011 W. H. Albritton, of Andalusia, Ala., and Jack Crenshaw, of Montgomery, Ala., for appellant. Bernard Lobman, of Montgomery, Ala., for appellee. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HOLMES, Circuit Judge. Walter D. Ganey owned retail dry-goods stores at Andalusia and Opp, Alabama. On January 10, 1940, he filed a voluntary petition in...
115 F.2d 375 (1940) FARNSWORTH v. SANFORD, Warden. No. 9634. Circuit Court of Appeals, Fifth Circuit. November 5, 1940. *376 John F. Finerty, of Washington, D. C., and George S. Hawke, of Cincinnati, Ohio, for appellant. Lawrence S. Camp, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellee. Before SIBLEY, HOLMES, and McCORD, Circuit Judges. SIBLEY, Circuit Judge. Farnsworth, sentenced in the District Court of the District of Columbia for a conspiracy under...
116 F.2d 158 (1940) PAGE et al. v. HOWELL. No. 9603. Circuit Court of Appeals, Fifth Circuit. December 11, 1940. W. B. Waldo, of Washington, D. C., Atty., Dept. of Justice, Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, Sp. Asst. to Atty. Gen., and Lawrence S. Camp, U. S. Atty., and Harvey H. Tysinger, *159 Asst. U. S. Atty., both of Atlanta, Ga., for appellants. Elbert P. Tuttle and Edward R. Kane, both of Atlanta, Ga., for appellee. Before FOSTER, SIBLEY, and HUTCHESON, Circuit...
115 F.2d 686 (1940) SOUTHWESTERN HOTEL CO. v. UNITED STATES. No. 9556. Circuit Court of Appeals, Fifth Circuit. November 19, 1940. *687 Thornton Hardie, of El Paso, Tex., for appellant. W. R. Smith, Jr., U. S. Atty., of San Antonio, Tex., and Carl J. Marold, Sp. Asst. to Atty. Gen., for appellee. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HOLMES, Circuit Judge. On September 1, 1933, the Southwestern Hotel Company, appellant, entered upon a 99-year lease on a hotel belonging to the...
115 F.2d 466 (1940) VALLEY WASTE MILLS v. PAGE et al. No. 9555. Circuit Court of Appeals, Fifth Circuit. November 7, 1940. Writ of Certiorari Denied January 20, 1941. Marion Smith and Louis Regenstein, Jr., both of Atlanta, Ga., and Hatton Lovejoy, of LaGrange, Ga., for appellant. Mills Kitchin, Sp. Asst. to Atty. Gen., and T. Hoyt Davis, U. S. Atty., of Macon, Ga., for appellees. Before SIBLEY, HOLMES, and McCORD, Circuit Judges. Writ of Certiorari Denied January 20, 1941. See 61 S. Ct. 549 ,...
115 F.2d 435 (1940) SANFORD, Warden, v. ROBBINS. No. 9548. Circuit Court of Appeals, Fifth Circuit. November 15, 1940. *436 Fred E. Strine, Atty., Dept. of Justice, of Washington, D. C., and Lawrence S. Camp, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellant. Duke C. Meredith and Clint W. Hager, both of Atlanta, Ga., for appellee. Before SIBLEY, HOLMES, and McCORD, Circuit Judges. SIBLEY, Circuit Judge. William B. Robbins, imprisoned for life since 1919...
115 F.2d 119 (1940) CORLEY v. COZART et al. In re J. P. CORLEY LUMBER CO., Inc. No. 9521. Circuit Court of Appeals, Fifth Circuit. October 30, 1940. *120 W. Edward Swinson, of Columbus, Ga., and J. R. Terrell, of Greenville, Ga., for appellant. A. Edward Smith, of Columbus, Ga., M. F. Goldstein, of Atlanta, Ga., and John H. P. Norris, of Greenville, Ga., for appellees. Before SIBLEY, HOLMES, and McCORD, Circuit Judges. McCORD, Circuit Judge. On December 12, 1938, an involuntary petition in...
113 F.2d 410 (1940) DEL MAR ADDITION v. COMMISSIONER OF INTERNAL REVENUE. No. 9506. Circuit Court of Appeals, Fifth Circuit. July 8, 1940. Geo. S. Atkinson, of Dallas, Tex., for petitioner. Michael H. Cardozo and Sewall Key, Sp. Asst. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, and John M. Morawski, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for respondent. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HOLMES, Circuit...
112 F.2d 946 (1940) COMMISSIONER OF INTERNAL REVENUE v. NATIONAL BANK OF COMMERCE OF SAN ANTONIO, TEX. No. 9505. Circuit Court of Appeals, Fifth Circuit. June 27, 1940. John A. Gage and Sewall Key, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John W. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner. Robert S. Durno, D. M. Gordon, Jr., and P. M. Chuoke, Jr., all of...
113 F.2d 48 (1940) DE LAPPE v. COMMISSIONER OF INTERNAL REVENUE. No. 9503. Circuit Court of Appeals, Fifth Circuit. June 29, 1940. *49 Arthur A. Moreno and Felix W. Gaudin, both of New Orleans, La., for petitioners. S. Dee Hanson, Sewall Key, and Miss Helen R. Carloss, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and Ralph F. Staubly, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for...
115 F.2d 736 (1940) KEYSTONE MOTOR FREIGHT LINES v. BRANNON-SIGNAIGO CIGAR CO. et al. No. 9502. Circuit Court of Appeals, Fifth Circuit. November 29, 1940. *737 C. J. Shaeffer, of Dallas, Tex., for appellant. Nelson Scurlock, of Fort Worth, Tex., for appellees. Before SIBLEY, HOLMES, and McCORD, Circuit Judges. HOLMES, Circuit Judge. This appeal is from a judgment holding the Keystone Motor Freight Lines liable, as a connecting common carrier for hire, for the value of a shipment of cigars...
116 F.2d 27 (1940) GALE et al. v. UNION BAG & PAPER CORPORATION. No. 9482. Circuit Court of Appeals, Fifth Circuit. December 11, 1940. Anderson G. Ulmer, Alphene W. Dowell, and John J. Hennessy, all of Savannah, Ga., for appellants. David S. Atkinson, of Savannah, Ga., and Lindsay Goeltz, of New York City, for appellee. Everett H. Brown, Jr., of Philadelphia, Pa., and Joseph Diehl Fackenthal, of New York City, for Amicus Curiae. Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges. FOSTER,...
112 F.2d 439 (1940) RIVERS, Governor of Georgia, et al. v. MILLER. No. 9469. Circuit Court of Appeals, Fifth Circuit. May 1, 1940. Rehearing Denied June 11, 1940. *440 Ellis Arnall, Herschel E. Smith, M. F. Goldstein, B. D. Murphy, Robert S. Sams, and Henry B. Troutman, all of Atlanta, Ga., and J. B. Copeland and O. H. Dukes, both of Valdosta, Ga., for appellants. James A. Branch and Thomas B. Branch, Jr., both of Atlanta, Ga., and O.W. Franklin, of Valdosta, Ga., for appellee. Before SIBLEY,...
115 F.2d 305 (1940) WHITAKER v. COLEMAN. SAME v. ÆTNA CASUALTY & SURETY CO. Nos. 9443, 9444. Circuit Court of Appeals, Fifth Circuit. November 6, 1940. William C. Sugg, of Nashville, Tenn., for appellant. *306 C. L. Watts and Addison White, both of Huntsville, Ala., for appellees. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HUTCHESON, Circuit Judge. The first of the above numbered causes was a suit brought against the owner and the driver of an automobile for death damages. The second...
113 F.2d 93 (1940) CONTINENTAL BOX CO., Inc., v. NATIONAL LABOR RELATIONS BOARD. No. 9432. Circuit Court of Appeals, Fifth Circuit. June 27, 1940. Rehearing Denied August 2, 1940. *94 M. S. McCorquodale, of Houston, Tex., for petitioner. Charles Fahy, Gen. Counsel, Robert B. Watts, Associate Gen. Counsel, and Leonard Appel, Atty., National Labor Relations Board, all of Washington, D. C., for respondent. Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges. HUTCHESON, Circuit Judge. Both...
112 F.2d 143 (1940) CAMPBELL et al. v. GREEN. No. 9430. Circuit Court of Appeals, Fifth Circuit. May 29, 1940. *144 Lyle V. Corey and Thomas Y. Minniece, both of Meridian, Miss., for appellants. Gabe Jacobson, of Meridian, Miss., for appellee. Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges. SIBLEY, Circuit Judge. Merchants Specialty Company was in receivership on a creditor's bill in the District Court, with G. R. Green as receiver. On September 6, 1938, a petition in involuntary...
112 F.2d 54 (1940) COMMERCIAL CREDIT CO., Inc., v. DAVIDSON. In re CHANCELLOR. No. 9429. Circuit Court of Appeals, Fifth Circuit. May 22, 1940. *55 E. L. Trenholm, of Jackson, Miss., for appellant. Thomas Y. Minniece, of Meridian, Miss., for appellee. Before HUTCHESON, HOLMES, and McCORD, Circuit Judges. HOLMES, Circuit Judge. The question in this case is: In what way, if any, is the Mississippi purchase-money lien affected by the bankruptcy act This is a federal question, but it is one which...
