The Montgomery advertiser., 1907-10-22
OF
 THE JUDGMENT Mobile Man Seeks Money
 from Bankrupt. OBTAINED DAMAGES FOR INJURY
OBTAINED DAMAGES FOR INJURY
W. [. Scale Seeds to Collect $1Os
 900 from Lumber Company.
After ostainins rermission to Sue
 Bankrupt Concern and Getting < verdict ia state court, Is Denied Claim.

Hearing of arguments on a case from Mobile and a case from Birming- ham was the total of the first days business transacted by the United States Circuit Court of Appeals in Montgomery.
 5 Judge Don A. Pardee. of Atlanta, convened She Appellate Court in Judge Jones's court room at Il o'clock yes- terday morning. Associated with , Judge Pardee in dispatcbing sthe busi- ness of the tribunal were Judge David D. Shelby. of Huntsville. and Judge < Waller T. Burns of Texas. The dtg- nifled, black -gowned body of jurists went to work immediately after the court was formally cried to order.
 Tn the case of W. l.. Scale, appel iant. Evs. Joseph F. McGowan. trustee of the Crescent Lumber Company, on , appeal from Mobile, Hon. Gregory L.. smith delivered argument for the ap- pellant while respondents argument was ssubmitted to the court -on bfief.
 This. case involves the claim of w. I sssssss ,ssss- g q aaA nn--4he Bankrupt Crescent Lumber Company. The com panys according to the transcript. was forced into bankruptcy October g.. 1905, and was ad5udged bankrupt on the same day by the referee at Mobile. r Subsequently, Scale, who was former iy employed by the company. as a saw yer at s7 per day. filed petition ask ing leave to enter damage suit Aeafnst the company for injuries re- ceived while employed at the mill. He alleged that before August 5, 1905. his arm was almost cut of by defective band saw and that the accident was due to the negligence of the corpora ton.
 The court allowed the entry of sthe suit and, Scale later filed damage pro- ceedings in the Circuit Court of Mobile County, securing . verdict from a jury 1 forsthe Fufi amount of his claim4
 McGowan. as trustee of the Humber c6rnpany In the Federal Court, filed ex- \ captions to the claim of Scale and these exceptions were finally sustained by the referee and later affirmed by Judge Touinin, of Mobile, thereby to- tally disaiiowing the damages secured by Scale in the State Court It was from this ruling that Scale appealed to the Court of Appeals.
 The case was taken under advise- ment by the Appellate Court for de- > ctston at later date.
 Birminmham Appeal Heard.
 The case Of John H. Wallace, trus- tee of the bankrupt estate of A. T. Kiliian, ys the Jefferson County Saw lngs Bank. on appeal from Birming- ham, had to do with the disposition of certain fire insurance policies amount ing to @f,See.45. KiIlian. formerly a merchant, kiitered voluntary bankrupt cy proceedings in the Federal Court. Previously though. his place of busi- ne1a wac dsHtFoyed by Ire and there after KllIian had made a trade with tho bank by which the bank was to collect the amount of the insurance.
 However. when Killian went into hanfrtfDtcy and A receiver was ap- pointed, matters became complicated and at first. the insurance money was paid over to the receiver for division among the creditors. Judge Jones hnally decided that the Federal Court had no Jurisdiction in thes insurance matter and the money was turned back into the hands of the insurance com paniss.
 The dueatien of surisdiction was the priHcfpai poifsG involved in the argu- rnents of Sterling Wood and George | ,ts