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

Court of Appeals for the Fifth Circuit·Decided December 11, 1906·No. No. 1,547·Published

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. / .’

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

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