Roger v. J. B. Levert Co.
Court of Appeals for the Fifth Circuit
Petition to Superintend and Revise from the District Court of the United States for the Eastern District of Louisiana; Rufus E. Poster, Judge. ^ In the matter of the John T. Moore Planting Company, Limited, bankrupts. Petition by Thomas H. Roger and others trustees in bankruptcy against the J. B. Levert Company, Limited, in liquidation, and others, to superintend and revise an' order of the District Court granting the petition of J. B. Levert Company, Limited.
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Petition to Superintend and Revise from the District Court of the United States for the Eastern District of Louisiana; Rufus E. Poster, Judge. ^ In the matter of the John T. Moore Planting Company, Limited, bankrupts. Petition by Thomas H. Roger and others trustees in bankruptcy against the J. B. Levert Company, Limited, in liquidation, and others, to superintend and revise an' order of the District Court granting the petition of J. B. Levert Company, Limited. The John T. Moore Planting Company, Ltd. (hereinafter called the Moore Company), the bankrupts, were the owners of three large…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). [1-3] The order complained of in this case is said to be justified as against the position of the trustees on the ground of comity owing by the bankruptcy court to the state court.
*742The action pending in the state court between the Levert Company and the Moore Planting Company, at the time the latter filed, its petition in bankruptcy, was a personal action, although mortgage rights were involved. See article 12, La. Code of Prac.; Rogers v. Binyon, 124 La. 95, 49 South. 991; also, Ker v. Evershed, 41 La. Ann. 15, 6 South. 566. Such action could only have a…
2Cases cited4 opinions
- Moran v. SturgesSupreme Court of the United States · 1894
- Ker v. EvershedSupreme Court of Louisiana · 1889
- Pugh v. LoiselCourt of Appeals for the Fifth Circuit · 1915
- Rogers v. BinyonSupreme Court of Louisiana · 1909
3Cited by10 opinions
- McDaniel Nat. Bank v. BridwellCourt of Appeals for the Eighth Circuit · 1934
- Hanna v. Brictson Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- In re Grafton Gas & Electric Light Co.District Court, N.D. West Virginia · 1918
- In re Dayton Coal & Iron Co.District Court, E.D. Tennessee · 1922
- In re BrinnDistrict Court, N.D. Georgia · 1919
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