J. B. McFarlan Carriage Co. v. Solanas
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. J. B. McFarlan, Sr., J. B. McFarlan, Jr., Charles E. J. McFarlan. William W. Melgarían, and James E. McFarlan, constituting a commercial firm or partnership under the name of J. B. McFarlan Carriage Company, the plaintiffs in error, are all citizens of the state of Indiana.
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. J. B. McFarlan, Sr., J. B. McFarlan, Jr., Charles E. J. McFarlan. William W. Melgarían, and James E. McFarlan, constituting a commercial firm or partnership under the name of J. B. McFarlan Carriage Company, the plaintiffs in error, are all citizens of the state of Indiana. Edward C. Fenner, a citizen of Louisiana, and resident of the city of New Orleans, in the Eastern district thereof, who was lately adjudged a bankrupt under the act of congress approved July 1, 1898, in a court of bankruptcy for the…
1DissentShelby, Circuit Judge
The plaintiff in error brought suit in the circuit court against “Claude H. Solanas, trustee of the estate of E. C. Fenner, bankrupt,” to recover 37 phaetons and surreys. . The case was heard before the judge, a jury being waived, and a judgment rendered for the plaintiff. No writ of error is sued out to review that judgment. No objection is made to it. The matter here for review is the judgment of the court on a motion. The motion is not in the record, except as embodied in the following order or rule on the trustee to show cause:
“On motion of Rice & Montgomery, of counsel for John B.…
2Cases cited14 opinions
- Byers v. McAuleySupreme Court of the United States · 1893
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
- Wilson v. McNameeSupreme Court of the United States · 1881
- Kerr v. ClampittSupreme Court of the United States · 1877
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