Gunn v. Plant
Supreme Court of the United States
Appeal from tbe Circuit Court of tbe United States for tbe Southern District of Georgia.' This is a bill in equity, filed Jan. 12, 1872, by I. C. Plant & Son, against Joseph E. Murray, trustee in bankruptcy of James H. Woolf oik, bankrupt, and Daniel F. Gúnn, guardian, to restrain Murray, the trustee, from applying money in bis bands arising from tbe sale of certain lands of tbe bankrupt to tbe payment of a judgment in favor of Gunn, and asking that a debt in their favor,…
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Appeal from tbe Circuit Court of tbe United States for tbe Southern District of Georgia.' This is a bill in equity, filed Jan. 12, 1872, by I. C. Plant & Son, against Joseph E. Murray, trustee in bankruptcy of James H. Woolf oik, bankrupt, and Daniel F. Gúnn, guardian, to restrain Murray, the trustee, from applying money in bis bands arising from tbe sale of certain lands of tbe bankrupt to tbe payment of a judgment in favor of Gunn, and asking that a debt in their favor, secured by a mortgage upon the lands sold, and for which they had obtained a decree of foreclosure and sale at tbe October…
1Opinion of the CourtChief Justice Waite
The facts in this case, as they are presented to us by the pleadings and proof, are as follows : —
In the suit of Gunn v. Woolfolks, a verdict was rendered in due form by a jury, but, through the omission of the clerk, it was not spread upon the minutes of the court. Notwithstanding this, however, a judgment was regularly entered. That is expressly stated in the bill, and shown by the transcript of the record of the Superior Court. Such a judgment was also recognized by the court as actually existing in due form, when, at the subsequent term, an entry of the verdict upon the minutes, nunc pro…
2Cases cited1 opinion
- Administrators of Ligon v. RogersSupreme Court of Georgia · 1852
3Cited by9 opinions
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- Alabama Water Co. v. City of AttallaSupreme Court of Alabama · 1924
- American S. S. Co. v. Wickwire Spencer Steel Co.District Court, S.D. New York · 1934
- Plant v. GunnU.S. Circuit Court for the Southern District of Georgia · 1874
- In re Ostlind Mfg. Co.District Court, D. Oregon · 1937
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