Dallas Joint Stock Land Bank of Dallas v. Spikes

Fifth Circuit

Dallas Joint Stock Land Bank of Dallas v. Spikes

88 F.2d 1008, 1937 U.S. App. LEXIS 3315

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 9, 1937

DocketNo. 8185

StatusPublished

This text of 88 F.2d 1008 (Dallas Joint Stock Land Bank of Dallas v. Spikes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dallas Joint Stock Land Bank of Dallas v. Spikes, 88 F.2d 1008, 1937 U.S. App. LEXIS 3315 (5th Cir. 1937).

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Opinion

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) 322 and 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.

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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) 322 and 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.

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88 F.2d 1008, 1937 U.S. App. LEXIS 3315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dallas-joint-stock-land-bank-of-dallas-v-spikes-ca5-1937.

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