IN RE HOWARD

No. 10374.

130 F.2d 534 (1942)

In re HOWARD.

Circuit Court of Appeals, Fifth Circuit.

September 4, 1942.


Attorney(s) appearing for the Case

W. H. Sadler, of Birmingham, Ala., for petitioners.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


PER CURIAM.

On considering the answer of the Judge and the reply thereto, we understand that a petition in involuntary bankruptcy was filed sixteen months ago, with an application by a mortgage creditor to sell the mortgaged property. Adjudication in bankruptcy was stopped, either by a denial of the grounds alleged or by a motion to dismiss because no sufficient allegations were made. The issue, whether of law or fact, remains untried after several postponements,...

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