Indianapolis Times, Indianapolis, Marion County, 18 January 1939 — Page 5

S YES." NO’ Appeals Tribunal Reverses |

Its Own Decision on Bankruptcy Act.

BO 3

Dimes Special : WASHINGTON, Jan, 18. — It! seems there were four judges—and | thereby hangs a tale that rates a; . Prominent place in‘ the lore of Jurisprudence. Lawyers here are amused by the predicament—unprecedented, - it is believed—in which the Fifth U. S. Slew Court of Appeals has placed |

: #8. 5 : The court, ruling twice in the 0 - same day on the same question, ar decided it one way the first time py oY ; and the opposite way the second : : ] ¥ : OF ‘MOUNTIES South, But for a tribunal to hand own opposite decisions in identical a : . : cases at a single session is some-|FOrmer Canadian Officer

Fig ev. Will Be Town Hall

2 Cases Separate ; It happened this way: ; Speaker . The Fifth Circuit Court, consist : . ing of five members, was confronted| Sydney R. Montague, former

with two separate cases involving}member of the Royal Canadian

G $10 OR MORE ON THE EASY PAYMENT PLAN!

Sydney R. Montague °

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' Courts have reversed. themselves many times; even the Supreme

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the right of farmers to invoke the benefits of the Frazier-Lemke Bank-

ruptcy Act. Each case was heard . by a three-man bench but the membership varied, four judges in all being involved. The court was divided 2-1 for the petitioner in one case, and 2-1 against the other petitioner. In one decision it was held that a lower court erred in dismissing a farmer’s bankruptcy petition on the ground that good faith was lacking. The act does not make good faith a requirement in such a proceeding, the majority held. | Judge Edwin R. Holmes, dissenting, said the majority decision was “unfortunate” in view of the opposite decision in the other case. “The two cases,” he pointed out, “were considered together but, owing to the fact that exactly the same Judges did not sit in both cases, a different result was reached.” In the other case, Judge Holmes wrote the majority opinion and Judge Joseph‘ C. Hutcheson Jr. (often mentioned in the past as a ~ Supreme Court possibility) dissented. The court held that the lower court had properly dismissed a farmer's petition because his “one purpose is to hinder and delay his creditors,” and that the bankruptcy proceedings authorized by the act “may not be converted into a sham.” Both cases involved: Section 75-S of the act.

MAYER FUNERAL SET FOR 2 P.M. FRIDAY

Miss Mabelle R. Mayer, who died this morning .at her home, ; 2030 N. Alabama St., is to be buried in Crown Hill following services at 2 Pp. m. Friday in the home. She was 51. Miss Mayer, the daughter of George J. Mayer, prominent Indianapolis business man, had been ill two weeks. She was a member of the Queen’ Esther chapter of Eastern Star, the Fairview Presbyterian Church and the Oxford, O., College Club. She attended Oxford College, How an affiiliate of Miami University. She is survived by her father, Mr. Mayer; her twin sister, Miss Myrtle E. Mayer; and a brother, Walter R. Mayer, all of Indianapolis. Friends may call at the home from 2:30

Mounted Police, will discuss experiences of the “Mounties” in the frozen North, at the Town Hall meeting Saturday at English’s Theater. : He will be introduced by Police Chief Morrissey. Born in England, Mr. Montague

came to America as a boy. The lure of the Mounties took him tb Western Canada where he became a member of this picturesque force.

Now ony §9c

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