Bower v. Holzworth

Eighth Circuit

Bower v. Holzworth

138 F. 28, 70 C.C.A. 396, 1905 U.S. App. LEXIS 3763

CourtCourt of Appeals for the Eighth Circuit

DecidedMay 23, 1905

DocketNo. 2,199

StatusPublished

This text of 138 F. 28 (Bower v. Holzworth) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bower v. Holzworth, 138 F. 28, 70 C.C.A. 396, 1905 U.S. App. LEXIS 3763 (8th Cir. 1905).

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Opinion

PER CURIAM.

Upon the involuntary petition of the appellees the appellant was adjudged a bankrupt, after the issues raised by the petition and answer respecting his insolvency and his commission of an act of bankruptcy had been determined against him by the verdict of a jury upon a trial had according to section 19 of the bankruptcy act of July 1, 1898, c. 541, 30 Stat. 551 [U. S. Comp. St. 1901, p. 3429]. It is sought to have the judgment reviewed by an appeal as in an equity case. The errors assigned relate to rulings made during the course of the trial before the jury. It is settled by the decision of the Supreme Court in Elliott v. Toeppner, 187 U. S. 327, 334, 23 Sup. Ct. 133, 47 L. Ed. 200, that the proceedings upon such a trial, had before a jury, are not subject to review on appeal, but only on writ of error. Upon the authority of that case this appeal must be, and is, dismissed.

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PER CURIAM.

Upon the involuntary petition of the appellees the appellant was adjudged a bankrupt, after the issues raised by the petition and answer respecting his insolvency and his commission of an act of bankruptcy had been determined against him by the verdict of a jury upon a trial had according to section 19 of the bankruptcy act of July 1, 1898, c. 541, 30 Stat. 551 [U. S. Comp. St. 1901, p. 3429]. It is sought to have the judgment reviewed by an appeal as in an equity case. The errors assigned relate to rulings made during the course of the trial before the jury. It is settled by the decision of the Supreme Court in Elliott v. Toeppner, 187 U. S. 327, 334, 23 Sup. Ct. 133, 47 L. Ed. 200, that the proceedings upon such a trial, had before a jury, are not subject to review on appeal, but only on writ of error. Upon the authority of that case this appeal must be, and is, dismissed.

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Bluebook (online)

138 F. 28, 70 C.C.A. 396, 1905 U.S. App. LEXIS 3763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bower-v-holzworth-ca8-1905.

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