Cooper Grocery Co. v. Park
Court of Appeals for the Fifth Circuit
Petition for Revision of Order of the District Court of the United States for the Western District of Texas; Thomas S. Maxey, Judge. Petition by the Cooper Grocery Company to superintend and revise an order denying petitioner’s right to a lien on certain of the assets of McKinney & Erskine, bankrupts, under a deed of trust not filed or recorded, to which claim of lien M. C. H. Park, trustee of the bankrupts, filed objections.
1Opinion of the Court
CALL, District Judge.
In this cause a motion to dismiss the proceedings because of the failure of the petitioner to comply with rule 24 of the Circuit Court of Appeals Rules, was filed, and was argued and submitted together with the main case. In considering the mat*43ter the court is of the opinion that while the rule has not been complied^ with, it would be for the best interests of all parties concerned that the court should proceed to examine the whole case. The motion to dismiss will therefore be denied.
In this case McKinney & Erskine on the 9th of January, 1913, filed a voluntary petition…
2Cases cited2 opinions
- Pacific State Bank v. CoatsCourt of Appeals for the Ninth Circuit · 1913
- In re HartdagenDistrict Court, M.D. Pennsylvania · 1911
3Cited by12 opinions
- McKay v. Trusco Finance Co., of Montgomery, AlabamaCourt of Appeals for the Fifth Circuit · 1952
- Martin v. Bankers' Trust Co.Arizona Supreme Court · 1916
- V. H. Carroll, Trustee Holliman Drilling Company, a Corporation v. Lorena Morris Holliman, in the Matter of Holliman Drilling Company, a CorporationCourt of Appeals for the Tenth Circuit · 1964
- Coates v. SmithOregon Supreme Court · 1916
- Peyton v. Farmers' Nat. Bank of HillsboroCourt of Appeals for the Fifth Circuit · 1919
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