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277 F. 239

Docket No. 3725.

Walton v. Garrett

Fifth Circuit Court of Appeals

Decided December 17, 1921.)

Fifth Circuit Court of Appeals · decided 1921-12-17

Petition to Superintend aud Revise from the District Court of the United States for the Northern District of Mississippi; Edwin R. Holmes, Judge. Jn the matter of C. G. Walton, bankrupt; J. T. Garrett, trustee. On petition by bankrupt to revise order of District Court.

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Denied · Opinion by (per_curiam) · Decided 1921-12-17

How this case has been cited

Cited by 6 later decisions — most recently February 2022

2 federal appellate · 2 district ·

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Bankruptcy <S=»13S(2)—Order committing bankrupt for contempt held sustained by evidence.

¶2An order finding a bankrupt guilty of contempt; in failing to obey an order of the referee to turn over certain property to his trustee held sustained by the evidence.

¶3Petition to Superintend aud Revise from the District Court of the United States for the Northern District of Mississippi; Edwin R. Holmes, Judge.

¶4Jn the matter of C. G. Walton, bankrupt; J. T. Garrett, trustee. On petition by bankrupt to revise order of District Court.

¶5Denied.

¶6J. W. P. Boggan, of Tupelo, Miss., for petitioner.

¶7J. R. Anderson, J. M. Thomas, aud J. Q. Robins, all of Tupelo, Miss., for respondent.

¶8Before WALKER, BRYAN, and KING, Circuit Judges.

¶9PER CURIAM.

¶10By petition to superintend and revise, the petitioner, a bankrupt, complains of an order oE the District Court ratifying and confirming the action of the referee in finding petitioner guilty of a contempt of court in failing to obey an order of the referee requiring the petitioner to turn over to his trustee in bankruptcy United States Liberty Bonds of the face value of $4,500, and adjudging that petitioner be committed to jail for such contempt.

¶11The court’s order is complained of on the ground that there was an absence of evidence to support its finding that at the time the referee’s order was made, and at the time it was served on the petitioner, the bonds mentioned (which were found to be assets of the bankrupt’s estate) were in liis possession or under his control, and that he was able to turn the same over to his trustee. We are of opinion that the ground relied on is untenable, that evidence adduced, as disclosed by the record, was such as warranted the finding made by the court, and that the record does not show that the court erred in making the order complained of.

¶12The petition is denied.

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