61 F.2d 930 (1932) BOGLE v. WHITE, United States Marshal, et al. No. 6749. Circuit Court of Appeals, Fifth Circuit. December 8, 1932. Leonard Brown, of San Antonio, Tex., for appellant. John D. Hartman, U. S. Atty., of San Antonio, Tex., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. *931 HUTCHESON, Circuit Judge. To answer an indictment returned against him in the Western district of Tennessee, appellant was arrested in, and ordered removed from, the Western district of...
62 F.2d 217 (1932) HUNTER v. UNITED STATES. No. 6720. Circuit Court of Appeals, Fifth Circuit. December 21, 1932. *218 J. Q. Mahaffey, of Texarkana, Tex., for appellant. S. D. Bennett, U. S. Atty., of Beaumont, Tex., for the United States. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. BRYAN, Circuit Judge. The appellant, George Hunter, was convicted upon an indictment which in separate counts charged him with the unlawful transportation, without the permit required by law, and with the...
62 F.2d 176 (1932) J. K. HUGHES OIL CO. v. BASS, Collector of Internal Revenue. No. 6705. Circuit Court of Appeals, Fifth Circuit. December 13, 1932. Harry C. Weeks, of Wichita Falls, Tex., for appellant. Wright Matthews, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., and John D. Hartman, U. S. Atty., of San Antonio, Tex., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. Appellant is the owner of oil-producing properties. In its fiscal...
61 F.2d 448 (1932) CLEMONS v. LIBERTY SAVINGS & REAL ESTATE CORPORATION. No. 6689. Circuit Court of Appeals, Fifth Circuit. November 1, 1932. *449 Wallace Miller and Jas. A. Lowrey, Jr., both of Macon, Ga., for appellant. E. P. Johnston and Charles M. Cork, both of Macon, Ga., for appellee. Before BRYAN, FOSTER, and WALKER, Circuit Judges. FOSTER, Circuit Judge. Appellee was adjudged bankrupt on its voluntary petition on April 11, 1932. Appellant filed a petition to set aside the adjudication...
61 F.2d 398 (1932) GILBERT v. SHOUSE. [*] No. 6687. Circuit Court of Appeals, Fifth Circuit. October 27, 1932. M. Felton Hatcher and John J. McCreary, both of Macon, Ga., for appellant. *399 Edward F. Goodrum, of Macon, Ga., for appellee. Before BRYAN, FOSTER, and WALKER, Circuit Judges. FOSTER, Circuit Judge. Appellee was adjudicated bankrupt on June 29, 1925, and was discharged in that proceeding on October 16, 1925. He filed a second petition in bankruptcy on December 5, 1930, and was...
61 F.2d 483 (1932) MURRAY v. HILDRETH, Marshal. No. 6670. Circuit Court of Appeals, Fifth Circuit. October 28, 1932. *484 W. P. Hughes, U. S. Atty., of Jacksonville, Fla., and B. R. Cisco, Asst. U. S. Atty., of Miami, Fla., for appellee. Before BRYAN, FOSTER, and WALKER, Circuit Judges. BRYAN, Circuit Judge. James Murray appeals from an order denying his petition for the writ of habeas corpus by which he sought to secure his release from the custody of the United States marshal by whom he was...
61 F.2d 614 (1932) ROYAL INDEMNITY CO. v. WATSON. No. 6666. Circuit Court of Appeals, Fifth Circuit. November 14, 1932. *615 Ben D. Turner and William McLeod, both of Mobile, Ala., for appellant. Alexis T. Gresham and Robert T. Ervin, Jr., both of Mobile, Ala. (Palmer Pillans and Wm. Cowley, both of Mobile, Ala., on the brief), for appellee. Before BRYAN, HUTCHESON, and WALKER, Circuit Judges. BRYAN, Circuit Judge. Appellee was injured as a result of the negligent operation of an automobile by...
60 F.2d 440 (1932) BERL et al. v. CRUTCHER et al. DOYLE et al. v. SAME. No. 6596. Circuit Court of Appeals, Fifth Circuit. July 20, 1932. Rehearing Denied August 30, 1932. *441 George Thompson, Jr., and Ogden Shannon, both of Fort Worth, Tex., W. F. Bane, of Dallas, Tex., and Hugh M. Morris, of Wilmington, Del., for appellants. K. C. Barkley, of Houston, Tex., and George W. Rice, B. K. Goree, William E. Allen, S. C. Rowe, and Gaines B. Turner, all of Fort Worth, Tex., for appellees. *442 Before...
59 F.2d 379 (1932) ADERHOLD, Warden, v. PERRY. No. 6552. Circuit Court of Appeals, Fifth Circuit. June 8, 1932. 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. Joe E. Perry was on November 10, 1928, committed to the United States Penitentiary at Atlanta upon two separate sentences, each for a term of eighteen months, but to be served successively. After eighteen...
61 F.2d 446 (1932) AMERICAN MUT. LIABILITY INS. CO. OF BOSTON, MASS., v. COOPER. [*] No. 6542. Circuit Court of Appeals, Fifth Circuit. November 3, 1932. Geo. W. Yancey and Whit Windham, both of Birmingham, Ala., for appellant. R. H. Scrivner, of Birmingham, Ala., for appellee. Before BRYAN, FOSTER, and WALKER, Circuit Judges. BRYAN, Circuit Judge. Appellee, against whom a judgment for $13,500 was obtained by Mrs. Alice Auman in an action for injuring her as a result of negligently driving his...
59 F.2d 312 (1932) SNEAD, Collector of Internal Revenue, v. ELMORE. [*] No. 6527. Circuit Court of Appeals, Fifth Circuit. June 8, 1932. John B. Isbell, U. S. Atty., of Fort Payne, Ala., W. L. Longshore, Asst. U. S. Atty., of Birmingham, Ala., and J. S. Franklin, Atty., Bureau of Internal Revenue, of Washington, D. C., for appellant. Wm. S. Pritchard, and Oliver D. Street, both of Birmingham, Ala., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. *313 SIBLEY, Circuit Judge. W....
59 F.2d 48 (1932) KANSAS CITY BRIDGE CO. v. ALABAMA STATE BRIDGE CORPORATION. [*] No. 6524. Circuit Court of Appeals, Fifth Circuit. June 1, 1932. *49 Marion Rushton, of Montgomery, Ala., and Richard S. Righter, of Kansas City, Mo., for appellant. Frontis H. Moore, of Montgomery, Ala., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. BRYAN, Circuit Judge. This is an appeal by the Kansas City Bridge Company, a corporation under the laws of Kansas, from a judgment final on...
61 F.2d 906 (1932) LAREDO NAT. BANK v. GORDON. [*] No. 6520. Circuit Court of Appeals, Fifth Circuit. December 5, 1932. Martin J. Arnold, of San Antonio, Tex., and W. R. Blackshear, of Laredo, Tex., for appellant. C. W. Trueheart, of Fort Worth, Tex., for appellee. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. *907 BRYAN, Circuit Judge. This is an action at law by an attorney Bernard Gordon, against his client, Laredo National Bank, to recover $12,500 as a fee agreed upon in the...
61 F.2d 932 (1932) GULBRANSEN CO. v. COUCH. No. 6506. Circuit Court of Appeals, Fifth Circuit. November 30, 1932. John Davis, of Dallas, Tex., for appellant. L. J. Truett, of McKinney, Tex., for appellee. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. SIBLEY, Circuit Judge. J. T. Couch was adjudged a bankrupt, and the referee allowed him as his business homestead certain real estate in the city of McKinney, Tex., as used by him as the head *933 of a family in a livestock business. The...
58 F.2d 154 (1932) BERNSTEIN v. GROSS, Marshal. [*] No. 6487. Circuit Court of Appeals, Fifth Circuit. April 18, 1932. W. L. Scott, David Greines, and William R. Watkins, all of Fort Worth, Tex., for appellant. *155 Stanley Boykin and Arthur A. Diehl, both of Fort Worth, Tex., for appellee. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. SIBLEY, Circuit Judge. Samuel H. Bernstein was arrested and committed for extradition to the Dominion of Canada before the district judge. On habeas corpus...
58 F.2d 158 (1932) SAUNDERS v. LOWRY, Sheriff. No. 6486. Circuit Court of Appeals, Fifth Circuit. April 21, 1932. *159 A. E. Wilson, Geo. G. Finch, and Wm. G. McRae, all of Atlanta, Ga., for appellant. John A. Boykin, J. W. LeCraw, and Marion Smith, all of Atlanta, Ga., for appellee. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. BRYAN, Circuit Judge. This is an appeal from an order denying a petition for the writ of habeas corpus. It is here upon a certificate of probable cause, 28 USCA ยง...
57 F.2d 654 (1932) ATLANTIC COAST LINE R. CO. et al. v. ATLANTIC BRIDGE CO., Inc. No. 6481. Circuit Court of Appeals, Fifth Circuit. April 9, 1932. *655 Robert H. Anderson and John B. L'Engle, both of Jacksonville, Fla., for appellants. F. C. Hillyer, of Jacksonville, Fla., for appellee. Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. Appellee shipped from points in North Carolina to Pompano, Fla., Atlantic Coast Line and Southern Railway to Jacksonville, thence...
58 F.2d 963 (1932) DISTEFANO v. UNITED STATES. No. 6475. Circuit Court of Appeals, Fifth Circuit. May 26, 1932. Robert B. Todd, of New Orleans, La., for appellant. E. E. Talbot, U. S. Atty., and William H. Norman, Asst. U. S. Atty., both of New Orleans, La. Before BRYAN, FOSTER, and SIBLEY, Circuit Judges. FOSTER, Circuit Judge. Appellant was charged with manufacturing home-brew beer, with possessing intoxicating liquors fit for beverage purposes, with possessing property designed for the...
61 F.2d 681 (1932) SMITH et al. v. UNITED STATES. No. 6468. Circuit Court of Appeals, Fifth Circuit. November 26, 1932. Rehearing Denied December 16, 1932. Reuben R. Arnold, Jas. A. Branch, and Mark Bolding, all of Atlanta, Ga., and Young M. Smith, of Asheville, N. C., for appellants. Hal Lindsay, Asst. U. S. Atty., of Atlanta, Ga. Before BRYAN, FOSTER, and WALKER, Circuit Judges. WALKER, Circuit Judge. The two appellants W. Clyde Smith and Ed. O. Ellis were convicted under an indictment which...
57 F.2d 631 (1932) FAGAN v. WHIDDEN et al. No. 6467. Circuit Court of Appeals, Fifth Circuit. March 26, 1932. Rehearing Denied April 23, 1932. D. C. McMullen, of Tampa, Fla., for appellant. Claude L. Gray, of Orlando, Fla., and L. Grady Burton, of Wauchula, Fla., for appellees. Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges. HUTCHESON, Circuit Judge. From a decree charging funds of a failed bank in the possession of a receiver with a trust for the amount of the savings deposit of A. J....
