In re Walden Bros. Clothing Co.
District Court, N.D. Georgia
In Bankruptcy. In the matter of the Walden Bros. Clothing Company. On objections to proof of the claim of F. G. Lumpkin as a secured and preferred creditor.
1Opinion of the Court
NEWMAN, District Judge.
This is a petition to review the action of the referee in refusing to allow a mortgage held by Frank G. Lumpkin, in the above-stated case, to be proven as a preferred debt against the bankrupt’s estate.
[1] We must start into the consideration of the case with the rule in mind that the action of the referee and his findings on questions of fact will not be disturbed, unless clearly and manifestly erroneous. This has been held to be the rule in this court in many cases. Fouche v. Shearer, 172 Fed. 592; Re Landsberger, 177 Fed. 450; Re Taff & Conyers, 182 Fed. 904; Re…
2Cases cited8 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Ohio Valley Bank Co. v. MackCourt of Appeals for the Sixth Circuit · 1906
- Nicol & Davidson v. CrittendenSupreme Court of Georgia · 1875
- In re WaxelbaumDistrict Court, N.D. Georgia · 1900
- Gay v. Hudson River Electric Power Co.U.S. Circuit Court for the District of Northern New York · 1910
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3Cited by3 opinions
- In re BrincatDistrict Court, S.D. Alabama · 1916
- Dismukes v. JohnsonDistrict Court, N.D. Georgia · 1912
- Philoon v. BabbittSupreme Judicial Court of Maine · 1920