Opinion · United States Court of Appeals for the Fifth Circuit

DALLAS JNT. STOCK LAND BK. OF DALLAS v. SPIKES, 88 F.2d 1008 (5th Cir. 1937)

Dall. JOINT STOCK LAND BANK OF Dall., Appellant, v. Isr. Henry SPIKES,Bankrupt, Appellee., 88 F.2d 1008 (5th Cir. 1937)

Type
Opinion
Court
United States Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1937-04-09
Topic
general

DALLAS JNT. STOCK LAND BK. OF DALLAS v. SPIKES, 88 F.2d 1008 (5th Cir. 1937) DALLAS JOINT STOCK LAND BANK OF DALLAS, Appellant, v. Israel Henry SPIKES,Bankrupt, Appellee.

Citator

UpLaw has not yet analyzed DALLAS JNT. STOCK LAND BK. OF DALLAS v. SPIKES, 88 F.2d 1008 (5th Cir. 1937). The absence of a flag is not a finding that it is good law.

DALLAS JNT. STOCK LAND BK. OF DALLAS v. SPIKES,88 F.2d 1008(5th Cir. 1937)
DALLAS JOINT STOCK LAND BANK OF DALLAS, Appellant, v. Israel Henry SPIKES,
Bankrupt, Appellee.
No. 8185.
Circuit Court of Appeals, Fifth Circuit.
April 9, 1937.
Appeal from the District Court of the United States for the Northern District of Texas; T. Whitfield Davidson, Judge.
Wm. Andress, Jr., and Chas. S. McCombs, both of Dallas, Tex., for appellant.

John E. Sentell, of Snyder, Tex., for appellee.
Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.
PER CURIAM.
Appellant is the holder of a mortgage on the property of the bankrupt, Spikes. The assignments of error all run to an order of the court overruling a petition of appellant to dismiss the bankruptcy proceedings or, in the alternative, to give it leave to proceed in a state court. The grounds for dismissal urged were that subsection (s) of section 75 of the Bankruptcy Act of 1898, as amended by the Act of Congress of August 28, 1935, § 6,49 Stat. 943, 11 U.S.C.A. § 203(s), is unconstitutional, as not within the bankruptcy powers of Congress, and deprives appellant of property rights granted to it by the laws of the state of Texas. On the authority of Dallas Joint Stock Land Bank v. Davis (C.C.A.)83 F.2d 322and Wright, Bankrupt, v. Vinton Branch of Mountain Trust Bank of Roanoke, Va.,57 S.Ct. 556, 81 L.Ed. ___, decided March 29, 1937, the judgment is affirmed.Page 1