GATHANY v. BISHOPP

No. 5957.

177 F.2d 567 (1949)

GATHANY v. BISHOPP et al. In re RISSER, Bankrupt.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1949.


Attorney(s) appearing for the Case

Silas G. Bernard, Asheville, N. C., for appellant.

J. G. Adams, Jr., Asheville, N. C. (Joel B. Adams and Adams & Adams, Asheville, N. C., on the brief), for appellees.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and BARKSDALE, District Judge.


PARKER, Chief Judge.

This is an appeal from an order dismissing a suit for an injunction on two grounds: (1) that the court did not have jurisdiction to grant the relief prayed, and (2) that it had not acquired jurisdiction over the defendants by proper service of process. We think that the dismissal was unquestionably correct whichever of the grounds given be looked to as the basis of the decision.

The facts are that one Risser was adjudged bankrupt by the...

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