Marine Nat. Bank v. Swigart
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western'Division of the Northern District of Ohio; John M. Killits, Judge. Proceeding by the Marine National Bank and others to have John Swigart adjudicated a bankrupt. From an order denying an adjudication, petitioners appeal.
1Opinion of the Court
KNAPPEN, Circuit Judge.
Appeal from an order refusing to adjudge appellee a bankrupt. After asking a jury trial, appellee waived that right in open court, and hearing was had without a jury.
[1,2] The question whether appeal or error is the proper remedy is more or less important as affecting the scope of our review, notwithstanding section 4 of chapter 448 of the Act of September 6, 1916 (39 Stat. p. 727 [Comp. St. § 1649a]), forbids dismissal of appeal or writ of error merely because the other remedy should have been taken. In our opinion appeal is the proper remedy. The statute (B. A. § 25a…
2Cases cited12 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Elliott v. ToeppnerSupreme Court of the United States · 1902
- Lansing Boiler & Engine Works v. RyersonCourt of Appeals for the Sixth Circuit · 1904
- Carey v. DonohueCourt of Appeals for the Sixth Circuit · 1913
- Stark Electric R. v. McGinty Contracting Co.Court of Appeals for the Sixth Circuit · 1917
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3Cited by8 opinions
- J. S. Farming Co. v. BrannonCourt of Appeals for the Sixth Circuit · 1920
- In re George Lampros, Inc.District Court, D. Massachusetts · 1927
- Albert Weinbrenner, Inc. v. FinneCourt of Appeals for the Ninth Circuit · 1939
- In re JohnsonDistrict Court, S.D. California · 1951
- LaSalle Bank National Ass'n v. Middlebelt Plymouth Venture, L.L.C.District Court, E.D. Michigan · 2002
3 more not listed; retrieve them via the Exa API.