ANDREW P. VOUGHT

v.

K. K. KANNE, TRUSTEE

Citator

Cited By

• State v. City of Pompano, 136 Fla. 730 (Fla. 1938)
  …s of the return or answer are sufficient to preclude the issuance of a peremptory writ of mandamus. See State v. Seaboard Air Line R. Co., 89 Fla. 419, 104 So. 602, 39 A. L. R. 1362; State v. Seaboard Air Line R. Co., 92 Fla. 1139, 111 So. 281, 735, 275 U. S. 574, 48 Sup. Ct. 17, 72 L. Ed. 434. Where the return or ans'wer tO' an alternative writ of mandamus is supposed to bar the issuance of a peremptory writ, a- motion for a peremptory writ, the return to the contrary notwithstanding, will be denied, and th…
• Makarewicz v. Palmer C. Scafati, 438 F.2d 474 (1st Cir. 1971)
  …can be appealed to the full bench of the Supreme Judicial Court on the grounds that “the single justice abused his powers or that his action was arbitrary and unjustifiable.” Commonwealth v. Sacco, 261 Mass. 12, 17, 158 N.E. 167, 169, cert. denied. 275 U.S. 574, 48 S.Ct. 17, 72 L.Ed. 434 (1927); accord, McGarty v. Commonwealth, 326 Mass. 413, 414-415, 95 N.E. 2d 158, 159, cert. denied, 340 U.S. 886, 71 S.Ct. 199, 95 L.Ed. 643 (1950). See generally K. Smith, Massachusetts Practice: Criminal Practice and P…
• United States v. The First Nat'l Bank OF Memphis, 458 F.2d 560 (6th Cir. 1972)
  …overnment’s position. While the trustee does not take title to exempt property, he has “possession and right to possession of . exempted property until such be set aside as exempt.” Vought v. Kanne, 10 F. 2d 747, 748 (8th Cir. 1926), app. dismissed, 275 U.S. 574, 48 S.Ct. 16, 72 L.Ed. 433 (1927); see 4A Collier, Bankruptcy, ¶ 70.08 (14th ed.). Arguably, removal of the possessory interest of the trustee enhanced the value of Shipp’s property. We need not reach this issue, however. The funds were withdrawn to…