Union Nat. Bank v. Neill

Fifth Circuit

Union Nat. Bank v. Neill

149 F. 720, 79 C.C.A. 426, 1906 U.S. App. LEXIS 4495

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 11, 1906

DocketNo. 1,547

StatusPublished

This text of 149 F. 720 (Union Nat. Bank v. Neill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Union Nat. Bank v. Neill, 149 F. 720, 79 C.C.A. 426, 1906 U.S. App. LEXIS 4495 (5th Cir. 1906).

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Opinion

SHERBY, Circuit-Judge.

This is a petition to this court invoking its jurisdiction toYúperinténd and revise as matter.of law a decree of the bankruptcy' court. The decree in question is one rejecting a claim for $30,000 which petitioner offered to prove against the estate of A. F. Hardie' & Co., bankrupts. The controversy was also brought to this court by. appeal, and the .opinion in the appealed case, which has just been handed, down,.shows a full statement of the proceedings in the court below. 149 Fed. 711.

Section 25 of the bankruptcy act of 1898 (Act July 1, 1898, c. 541, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432]), provides that appeals, as in equity cases, may be taken in bankruptcy proceedings from the courts of bankruptcy to ..the Circuit Court of Appeals in certain specified cases;'the third being “from a judgment allowing or rejecting a debt or claim of $500 or over.” In this case the petitioner’s proper remedy was by appeal; and on appeal the decree below-has been reversed.

The petition'is. therefore denied,.and the petitioner will be taxed with the costs. / .’

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SHERBY, Circuit-Judge.

This is a petition to this court invoking its jurisdiction toYúperinténd and revise as matter.of law a decree of the bankruptcy' court. The decree in question is one rejecting a claim for $30,000 which petitioner offered to prove against the estate of A. F. Hardie' & Co., bankrupts. The controversy was also brought to this court by. appeal, and the .opinion in the appealed case, which has just been handed, down,.shows a full statement of the proceedings in the court below. 149 Fed. 711.

Section 25 of the bankruptcy act of 1898 (Act July 1, 1898, c. 541, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432]), provides that appeals, as in equity cases, may be taken in bankruptcy proceedings from the courts of bankruptcy to ..the Circuit Court of Appeals in certain specified cases;'the third being “from a judgment allowing or rejecting a debt or claim of $500 or over.” In this case the petitioner’s proper remedy was by appeal; and on appeal the decree below-has been reversed.

The petition'is. therefore denied,.and the petitioner will be taxed with the costs. / .’

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Bluebook (online)

149 F. 720, 79 C.C.A. 426, 1906 U.S. App. LEXIS 4495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-nat-bank-v-neill-ca5-1906.

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