Legal Opinion

Monk v. Horn

Court of Appeals for the Fifth Circuit

Decided January 13, 1920No. 3409PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Southern District of Alabama; Robert T. Ervin, Judge. In the matter of Robert Wiley Horn, bankrupt. On appeal by William H. Monk, Jr., from order granting discharge.

1Opinion of the Court

WAEKER, Circuit Judge.

The appellee was adjudged bankrupt on January 25, 1917, on a voluntary petition filed by him in a proceeding in which no application for a discharge was filed, and which was closed prior to January 25, 1919; when he filed in the same court another voluntary petition, under which he was again adjudged bankrupt. In 1914 the appellant recovered a judgment against the bankrupt, which was a provable debt against the estate of the bankrupt in each of the bankruptcy proceedings. He objected to the granting of an application for discharge made by the bankrupt in the second…

2Cases cited3 opinions

  1. Bluthenthal v. JonesSupreme Court of the United States · 1908
  2. Bacon v. Buffalo Cold Storage Co.Court of Appeals for the Fifth Circuit · 1912
  3. Bacon v. Buffalo Cold Storage Co.Supreme Court of the United States · 1912

3Cited by7 opinions

  1. Freshman v. AtkinsSupreme Court of the United States · 1925
  2. In Re SchwartzCourt of Appeals for the Second Circuit · 1937
  3. Ginsberg v. ThomasCourt of Appeals for the Tenth Circuit · 1948
  4. Hisey v. Lewis-Gale Hospital, Inc.District Court, W.D. Virginia · 1939
  5. In Re ZeilerDistrict Court, S.D. New York · 1937

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