The Birmingham age-herald., 1910-10-18
Court of Appeals Meets

Court of Appeals Meets
 Three cases of more than ordinary in- terest were taken under consideration by the United States court of appeals, which assembled in Montgomery at the federal building today. In one of the cases brother appealed from decision of the Mobile court, which allowed him only one-sixth of a loan which he had ad- vanced prior to a bankruptcy proceed ing; In the second case the money brokers act of Jefferson county was questioned, and in the third case an in voluntary failure of a Florence company was considered.
 The Florence case, which was sub mitted, involves an alleged fraudulent sale of merchandise. About three years ago B. Garner & Company of Florence, were thrown into bankruptcy. M. B. Shelton as trustee for the bankrupt. filed a petition In the Birmingham court seeking to set aside as fra udulent and void the sale of merchandise by the bankrupt firm to Charles H. Price on January 5, 1907, within four months next preceding the filing of the petition in bankruptcy Judge Oscar Hundley de- nied the petition, adjudging the remedy was by plenary suit.
 In the case from Jefferson county, H. J. Copeland, of Birmingham, was ap- pealing from decision rendered by the court of Judge w. T. Grubb, which body in turn had sustained Referee Aleck c. Birch in bankruptcy proceeding involv- ing the assets of Clifton Martin, an em- ploye of the Alabama Great Southern railroad. Martin went into bankruptcy October 12, 1909, but few weeks previous to the filing of the petition he assigned his months wages to MT. Cope land, a creditor. The wages amount ed to s71S0. Upon being cited by the bankruptcy court, Copeland de- nied the jurisdiction of that court to try his title to the funds by virtue of an alleged assignment of wages previous to the bankrupt's adjudication. Referee Birch ordered Copeland to dismiss the assignment proceedings with the rail- road company, ordering the railroad at the same time to pay the wages to Martins estate. In the interim, Mar tin filed a petition attacking the validity of the assignment on the ground that 1t was in effect a loan of money in con traventon of the money brokers act In Jefferson county. When Copeland ap- pealed from the referees order, Judge Grubb found no error of record, the -S- suit being an appeal to the higher court. This case was today submitted in the court no decision being reached.
 In the Mobile case, J. H. Baumhaucr vs. w. G. Austin, the appellant Is ob- jecting to an award of $2200 made to him from his bankrupt brothers estate on the ground that he is entitled to $15, ,220. Poorly kept books are alleged to enter into the proceedings, on the face of which books, it seems, the awards were made by the trustee. It seems that J. H. Baumhauer, a merchant of Whistler, loaned s15,2 to his brother, William c. Baumhauer a candy merchant of Mo- bile, when the latter was prosperous. A destructive fire however, wiped out pretty much all of Williams property, forcing him into bankruptcy. The trus- tee paid over to the Whistler merchant, 1t is averred, only $220O full insurance being rendered probematical owing to the primitive methods of keeping books used by the candy merchant. The whistler brother is now urging that he be not compelled to suffer for his broth CTS shortcomings in this respect, but af- ter a hurried consideration of the case 1t was transferred to New Orleans.
 The cases set for hearing on Tuesday. are:
 The Southern Cotton oil company, ct al, vs. J. w. Ratliff.
 Jacob Traub vs. Marshall Field x Co.
 Robert Garry vs. Jefferson bank
 J. T. Kirk and E. P. Almon of Tus- cumbia and Forney Johnston of Birming-