Jack M. Thornton, as Trustee in Bankruptcy of John F. Scarborough, Jr., Bankrupt v. John F. Scarborough, Jr., Bankrupt

Fifth Circuit

Jack M. Thornton, as Trustee in Bankruptcy of John F. Scarborough, Jr., Bankrupt v. John F. Scarborough, Jr., Bankrupt

349 F.2d 1023

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 31, 1965

Docket22146

StatusPublished

Cited by3 cases

This text of 349 F.2d 1023 (Jack M. Thornton, as Trustee in Bankruptcy of John F. Scarborough, Jr., Bankrupt v. John F. Scarborough, Jr., Bankrupt) 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

Jack M. Thornton, as Trustee in Bankruptcy of John F. Scarborough, Jr., Bankrupt v. John F. Scarborough, Jr., Bankrupt, 349 F.2d 1023 (5th Cir. 1965).

Pincite

Opinion

PER CURIAM.

In his motion for rehearing, Appellant calls our attention to the fact that, in discussing the Dismukes case [Dismukes v. Bagley, 165 Ga. 665, 141 S.E. 902], we stated that the Supreme Court of Georgia “affirmed the judgment of the trial court, which dismissed the trustee’s suit on general demurrer”, whereas, in point of fact, the Supreme Court reversed the judgment of the trial court, which had overruled a general demurrer. Of course, as Appellant recognizes, the result is the same in that the Supreme Court, by its judgment, elaborated in the opinion, quoted by us in our opinion, held that the contingent interests of B. L. Dismukes could not be reached in bankruptcy.

Except as modified herein, our opinion, 5 Cir., 348 F.2d 17, is reaffirmed and the motion for rehearing is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In his motion for rehearing, Appellant calls our attention to the fact that, in discussing the Dismukes case [Dismukes v. Bagley, 165 Ga. 665, 141 S.E. 902], we stated that the Supreme Court of Georgia “affirmed the judgment of the trial court, which dismissed the trustee’s suit on general demurrer”, whereas, in point of fact, the Supreme Court reversed the judgment of the trial court, which had overruled a general demurrer. Of course, as Appellant recognizes, the result is the same in that the Supreme Court, by its judgment, elaborated in the opinion, quoted by us in our opinion, held that the contingent interests of B. L. Dismukes could not be reached in bankruptcy.

Except as modified herein, our opinion, 5 Cir., 348 F.2d 17, is reaffirmed and the motion for rehearing is denied.

Cite This Page — Counsel Stack

Bluebook (online)

349 F.2d 1023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-m-thornton-as-trustee-in-bankruptcy-of-john-f-scarborough-jr-ca5-1965.

Opinion

Related

Cite This Page — Counsel Stack