From Casetext: Smarter Legal Research

Picklesimer v. Smith

United States Court of Appeals, Fifth Circuit
Dec 12, 1968
405 F.2d 186 (5th Cir. 1968)

Summary

In Picklesimer v. Smith, supra, there was a contest between Picklesimer, a materialman, and Smith, the holder of a security deed. At the time of its execution, it appeared that all the materialmen who had contracts with the owner had commenced to furnish labor or material to Burke, the owner, for the improvement of the lot, and had practically completed their contracts.

Summary of this case from Georgia State Savings Asso. v. Wilson

Opinion

No. 26445.

December 12, 1968.

Carson Carlton Picklesimer, pro se.

Arthur K. Bolton, Atty. Gen., Mathew Robins, Asst. Atty. Gen., Atlanta, Ga., for defendant-appellee.

Before DYER and SIMPSON, Circuit Judges, and CABOT, District Judge.


The record shows that the appellant has not exhausted his state remedies under the new Habeas Corpus Act, Georgia Code § 50-127, in accordance with the provisions of 28 U.S.C. § 2254. Therefore the judgment of the District Court is affirmed. Peters v. Rutledge, 5 Cir. 1968, 397 F.2d 731; Henderson v. Dutton, 5 Cir. 1968, 397 F.2d 375; Rearden v. Smith, 5 Cir. 1968, 403 F.2d 723 [November 14, 1968].

This remedy was not available when the original habeas petition was filed March 2, 1967. The effective date of the Act was July 1, 1967, so that the remedy was available long before the District Court denied the petition.

Affirmed.


Summaries of

Picklesimer v. Smith

United States Court of Appeals, Fifth Circuit
Dec 12, 1968
405 F.2d 186 (5th Cir. 1968)

In Picklesimer v. Smith, supra, there was a contest between Picklesimer, a materialman, and Smith, the holder of a security deed. At the time of its execution, it appeared that all the materialmen who had contracts with the owner had commenced to furnish labor or material to Burke, the owner, for the improvement of the lot, and had practically completed their contracts.

Summary of this case from Georgia State Savings Asso. v. Wilson
Case details for

Picklesimer v. Smith

Case Details

Full title:Carson Carlton PICKLESIMER, Plaintiff-Appellant, v. Lamont SMITH, Warden…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 12, 1968

Citations

405 F.2d 186 (5th Cir. 1968)

Citing Cases

Builders Supply Co., Inc. v. Pilgrim

n the fact that one of the defendants, First Federal Savings Loan Association of Summerville, had filed an…

Rutland Contracting Co. v. Sallie E. Gay Estate

Where a stranger to title or other person contracts or employs a third person to make improvements, the owner…