Granieri v. Schramm

Fifth Circuit

Granieri v. Schramm

149 F.2d 811, 1945 U.S. App. LEXIS 3286

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 15, 1945

DocketNo. 11268

StatusPublished

This text of 149 F.2d 811 (Granieri v. Schramm) 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.

Bluebook

Granieri v. Schramm, 149 F.2d 811, 1945 U.S. App. LEXIS 3286 (5th Cir. 1945).

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Opinion

WALLER, Circuit Judge.

The question involved here is the reappraisal value for redemption purposes of the farm of appellant, who was adjudged a bankrupt under Section 75, subsection s, of the Bankruptcy Act, 11 U.S.C.A. § 203, subsection s.

At the hearing before the Conciliation Commissioner, pursuant to Sec. 203, sub. s (3), four real estate men of San Antonio testified at the instance of appellee as to the value of the land. Appellant offered no testimony whatsoever as to value — not even his own. Objections as to technical qualifications as well as the accuracy of the witnesses were numerous. While all of the testimony may not have come from highly trained expert witnesses and their testimony may not have been exact in all respects, nevertheless, their testimony was relevant for whatever weight the Court deemed it to be worth. It cannot be said that the finding is without substantial and competent support in the record. The fact that the Commissioner and the Court below considered other evidence appearing in the record in the bankruptcy case on the question of value does not require a reversal.

Judgment of the Court below is affirmed.

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WALLER, Circuit Judge.

The question involved here is the reappraisal value for redemption purposes of the farm of appellant, who was adjudged a bankrupt under Section 75, subsection s, of the Bankruptcy Act, 11 U.S.C.A. § 203, subsection s.

At the hearing before the Conciliation Commissioner, pursuant to Sec. 203, sub. s (3), four real estate men of San Antonio testified at the instance of appellee as to the value of the land. Appellant offered no testimony whatsoever as to value — not even his own. Objections as to technical qualifications as well as the accuracy of the witnesses were numerous. While all of the testimony may not have come from highly trained expert witnesses and their testimony may not have been exact in all respects, nevertheless, their testimony was relevant for whatever weight the Court deemed it to be worth. It cannot be said that the finding is without substantial and competent support in the record. The fact that the Commissioner and the Court below considered other evidence appearing in the record in the bankruptcy case on the question of value does not require a reversal.

Judgment of the Court below is affirmed.

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149 F.2d 811, 1945 U.S. App. LEXIS 3286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/granieri-v-schramm-ca5-1945.

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