Egyptian Supply Co. v. Boyd

Sixth Circuit

Egyptian Supply Co. v. Boyd

108 F.2d 1013, 1940 U.S. App. LEXIS 4182

CourtCourt of Appeals for the Sixth Circuit

DecidedJanuary 15, 1940

DocketNo. 8382

StatusPublished

This text of 108 F.2d 1013 (Egyptian Supply Co. v. Boyd) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Egyptian Supply Co. v. Boyd, 108 F.2d 1013, 1940 U.S. App. LEXIS 4182 (6th Cir. 1940).

Pincite

Opinion

PER CURIAM.

It appearing upon the argument in said cause that the appellant’s claim of lien filed with the referee in bankruptcy, was denied as a secured, claim; that the appellant sought a review of the referee’s order in the District Court praying that the order be set aside; that upon consideration thereof an order was entered by the District Judge overruling and setting aside the referee’s order in accordance with a memorandum opinion of the court, and that it is from this order that the appeal is taken, and that no petition for any declaratory judgment is involved in the cause; and it being the view of the court that the appellant was granted below all the relief prayed for; that the order was not adverse to it but was in conformity with its petition for review, and that in consequence thereof no appeal can, by the appellant, be pursued from such order, now, therefore, it is hereby ordered that the appeal be and it is hereby dismissed without prejudice to the right of the appellant perfecting an appeal from any final order or decree adverse to it if and when such order miay be entered in the cause, and such appeal is timely.

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PER CURIAM.

It appearing upon the argument in said cause that the appellant’s claim of lien filed with the referee in bankruptcy, was denied as a secured, claim; that the appellant sought a review of the referee’s order in the District Court praying that the order be set aside; that upon consideration thereof an order was entered by the District Judge overruling and setting aside the referee’s order in accordance with a memorandum opinion of the court, and that it is from this order that the appeal is taken, and that no petition for any declaratory judgment is involved in the cause; and it being the view of the court that the appellant was granted below all the relief prayed for; that the order was not adverse to it but was in conformity with its petition for review, and that in consequence thereof no appeal can, by the appellant, be pursued from such order, now, therefore, it is hereby ordered that the appeal be and it is hereby dismissed without prejudice to the right of the appellant perfecting an appeal from any final order or decree adverse to it if and when such order miay be entered in the cause, and such appeal is timely.

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Bluebook (online)

108 F.2d 1013, 1940 U.S. App. LEXIS 4182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/egyptian-supply-co-v-boyd-ca6-1940.