Keenan v. Luther

Supreme Court of South Carolina

Keenan v. Luther

137 S.E. 144, 138 S.C. 539, 1927 S.C. LEXIS 129

CourtSupreme Court of South Carolina

DecidedMarch 16, 1927

Docket12181

StatusPublished

This text of 137 S.E. 144 (Keenan v. Luther) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keenan v. Luther, 137 S.E. 144, 138 S.C. 539, 1927 S.C. LEXIS 129 (S.C. 1927).

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Opinion

The opinion of the Court was delivered by

Mr. ChiEE Justice Watts.

This case was first submitted to this Court on printed arguments in December, 1924. An opinion was subsequently rendered and filed, but upon petition a rehearing was granted. A bankruptcy case involving the same fund was *542 pending in the Circuit Court of Appeals for the Fourth Circuit about the same time. A decision was rendered in the latter case in December, 1924. 3 F. (2nd), 252. These two decisions were in conflict, and each of the Courts, this Court and the Circuit Court of Apppeals, granted rehearings, and both rehearings were had about April, 1925.

The Circuit Court of Appeals decided the case before it, which is entitled C. T. Bailey and Others v. O. C. Blackmon, Trustee, et al., on June 8, 1926. 14 F. (2nd), 16. This decision reaffirms the first opinion of that Court, holding that the trustee in bankruptcy was entitled to the fund in controversy, which is in the hands of the Master of Richland County.

We are of opinion that the decision of the Circuit Court of Appeals is binding in this case.

It is therefore ordered that the fund in the hands of the Master of Richland County be turned over to the trustee in bankruptcy of C. T. Bailey.

Messrs. Justices Cothran, Marion and Mr. Acting Associate Justice Johnson concur.

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The opinion of the Court was delivered by

Mr. ChiEE Justice Watts.

This case was first submitted to this Court on printed arguments in December, 1924. An opinion was subsequently rendered and filed, but upon petition a rehearing was granted. A bankruptcy case involving the same fund was *542 pending in the Circuit Court of Appeals for the Fourth Circuit about the same time. A decision was rendered in the latter case in December, 1924. 3 F. (2nd), 252. These two decisions were in conflict, and each of the Courts, this Court and the Circuit Court of Apppeals, granted rehearings, and both rehearings were had about April, 1925.

The Circuit Court of Appeals decided the case before it, which is entitled C. T. Bailey and Others v. O. C. Blackmon, Trustee, et al., on June 8, 1926. 14 F. (2nd), 16. This decision reaffirms the first opinion of that Court, holding that the trustee in bankruptcy was entitled to the fund in controversy, which is in the hands of the Master of Richland County.

We are of opinion that the decision of the Circuit Court of Appeals is binding in this case.

It is therefore ordered that the fund in the hands of the Master of Richland County be turned over to the trustee in bankruptcy of C. T. Bailey.

Messrs. Justices Cothran, Marion and Mr. Acting Associate Justice Johnson concur.

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Bluebook (online)

137 S.E. 144, 138 S.C. 539, 1927 S.C. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keenan-v-luther-sc-1927.