Vallely v. Northern Fire & Marine Ins. Co.

Eighth Circuit

Vallely v. Northern Fire & Marine Ins. Co.

278 F. 1022, 1922 U.S. App. LEXIS 2774

CourtCourt of Appeals for the Eighth Circuit

DecidedJanuary 13, 1922

DocketNo. 195

StatusPublished

This text of 278 F. 1022 (Vallely v. Northern Fire & Marine Ins. Co.) 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

Vallely v. Northern Fire & Marine Ins. Co., 278 F. 1022, 1922 U.S. App. LEXIS 2774 (8th Cir. 1922).

Pincite

Opinion

PER CURIAM.

This petition is to revise an order of the trial court setting aside the adjudication of bankruptcy of the respondent and directing restoration to it of the property held by the trustee in bankruptcy. The points here presented were three, as follows: (1) Was a petition to revise the proper method of bringing the above order to this court for review? (2) Was there such absence of jurisdiction in the court of bankruptcy that its adjudication, rendered upon due service of process and default, and not appealed from, should be vacated and the proceeding be dismissed upon motion of the bankrupt after expiration of time to appeal? (3) May an insurance company be estopped by its conduct from questioning such jurisdiction? These questions, stated more in detail, were certified to the Supreme Court. That court affirmed the first and second and negatived the third. Vallely v. Northern Ins. Co., 254 U. S. 348, 41 Sup. Ct. 116, 65 L. Ed. 297. The result of this determination by the Supreme Court is that the petition to revise must be denied, and the action of the trial court affirmed. It is so ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This petition is to revise an order of the trial court setting aside the adjudication of bankruptcy of the respondent and directing restoration to it of the property held by the trustee in bankruptcy. The points here presented were three, as follows: (1) Was a petition to revise the proper method of bringing the above order to this court for review? (2) Was there such absence of jurisdiction in the court of bankruptcy that its adjudication, rendered upon due service of process and default, and not appealed from, should be vacated and the proceeding be dismissed upon motion of the bankrupt after expiration of time to appeal? (3) May an insurance company be estopped by its conduct from questioning such jurisdiction? These questions, stated more in detail, were certified to the Supreme Court. That court affirmed the first and second and negatived the third. Vallely v. Northern Ins. Co., 254 U. S. 348, 41 Sup. Ct. 116, 65 L. Ed. 297. The result of this determination by the Supreme Court is that the petition to revise must be denied, and the action of the trial court affirmed. It is so ordered.

Cite This Page — Counsel Stack

Bluebook (online)

278 F. 1022, 1922 U.S. App. LEXIS 2774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vallely-v-northern-fire-marine-ins-co-ca8-1922.

Opinion

Related

Cite This Page — Counsel Stack