Thomas v. Woods
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas. In the matter of the estate of William F. Thomas, bankrupt. From an order made on the cross-petition of Frank F. Lewis, trustee, Kate S. Thomas appeals. The Kansas City Coal & Coke Company was a corporation organized under the laws of Kansas by Charles J. Devlin and William E. Thomas, who held its entire capital stock.
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Appeal from the District Court of the United States for the District of Kansas. In the matter of the estate of William F. Thomas, bankrupt. From an order made on the cross-petition of Frank F. Lewis, trustee, Kate S. Thomas appeals. The Kansas City Coal & Coke Company was a corporation organized under the laws of Kansas by Charles J. Devlin and William E. Thomas, who held its entire capital stock. Its principal place of business was in Kansas City, Mo., where it maintained extensive coal yards situated upon the real property involved in this .proceeding. The title to the property was taken in…
1Opinion of the CourtAmidon, District Judge
(after stating the facts as above). At the outset we are confronted with the question which has become a part of nearly every bankruptcy cause in an appellate court, namely: Should the review have been sought by appeal or petition? The confusion existing on this subject has been frequently confessed by the courts. In re McMahon, 147 Fed. 684, 77 C. C. A. 668; Coder v. Arts, 213 U. S. 223, 232, 29 Sup. Ct. 436, 53 L. Ed. 772. The classification of matters in bankruptcy as “proceedings in bankruptcy” and “controversies arising in bankruptcy proceedings” is vague and in actual application has…
Also in this document: Dissent.
2Cases cited31 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- Coder v. ArtsSupreme Court of the United States · 1909
- Whitney v. WenmanSupreme Court of the United States · 1905
- In Re Wood and HendersonSupreme Court of the United States · 1908
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3Cited by38 opinions
- Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
- Rathman v. BoothCourt of Appeals for the Eighth Circuit · 1910
- Curry v. Associates Financial Services (In Re Curry)United States Bankruptcy Court, N.D. Ohio · 1980
- Orinoco Iron Co. v. MetzelCourt of Appeals for the Sixth Circuit · 1916
- Centran Bank of Akron v. Ambrose (In Re Ambrose)United States Bankruptcy Court, N.D. Ohio · 1980
33 more not listed; retrieve them via the Exa API.