Hatch v. Morosco Holding Co.
This text of 26 F.2d 247 (Hatch v. Morosco Holding Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
A majority of the court, as it is now constituted, think that our first decision impairs the jurisdiction of the District Court over assets already in its custody when the judgment of the state court was entered. They believe that the liquidation of claims is a part of the distribution of the estate, since it determines how much each creditor shall get, and that the distribution of the estate is part of what is usually understood as jurisdiction over the res. However, the former decision was reached after unusual deliberation and full presentation of all the questions involved. If it is to be changed, only the Supreme Court may do so; in the same ease and on the same claim the first ruling must stand.
Order affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
26 F.2d 247, 1928 U.S. App. LEXIS 3652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hatch-v-morosco-holding-co-ca2-1928.