Legal Opinion

United States v. Smelser

Court of Appeals for the Fifth Circuit

Decided January 16, 1937No. 8203PublishedCited by 21 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

This is a suit by the United States 'against a former referee in bankruptcy to recover multiple excessive fees paid to him from the funds of about forty estates. The total overpayments from January 1, 1927 to January 1, 1931, amount to $2,644.48. The suit is not upon the bond of the referee, although it is alleged that the fees were collected, while he was in office, from estates being administered by him, and that' a bond was duly given. It further appears that the suit was brought on behalf of persons entitled to participate in said estates. A demurrer to the petition…

2Cases cited20 opinions

  1. Mingus, Receiver v. WadleyTexas Supreme Court · 1926
  2. United States v. BeebeSupreme Court of the United States · 1888
  3. Pollard v. BaileySupreme Court of the United States · 1874
  4. Rees v. City of WatertownSupreme Court of the United States · 1874
  5. Frost v. WitterCalifornia Supreme Court · 1901

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3Cited by21 opinions

  1. 5 Fair empl.prac.cas. 587, 5 Empl. Prac. Dec. P 8460 United States of America v. Georgia Power Company, Charles King v. Georgia Power CompanyCourt of Appeals for the Fifth Circuit · 1973
  2. Williams v. WalshCourt of Appeals for the Second Circuit · 1977
  3. Briney v. Burley (In Re Burley)United States Bankruptcy Court, C.D. California · 1981
  4. Doe v. ColliganAlaska Supreme Court · 1988
  5. United States v. Arrow Transportation Company, Tennessee Valley Sand & Gravel Company, in Personam and M/v Alamo (Ex-Atco), Etc.Court of Appeals for the Fifth Circuit · 1981

16 more not listed; retrieve them via the Exa API.

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