Newton v. Michigan Chemical Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. In the matter of bankruptcy proceedings of the National Pressed Brick Company. From an order of the District Court confirming the findings of the referee, disallowing the claim of Thomas W. Newton, and allowing the claims of the Michigan Chemical Company and others, Newton appeals.
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Appeal from the District Court of the United States for the Eastern District of Michigan; Arthur J. Tuttle, Judge. In the matter of bankruptcy proceedings of the National Pressed Brick Company. From an order of the District Court confirming the findings of the referee, disallowing the claim of Thomas W. Newton, and allowing the claims of the Michigan Chemical Company and others, Newton appeals. The case is here on appeal from an order of the District Court confirming the findings of the referee in bankruptcy which disallowed appellant’s claim, and allowed certain other claims, against the…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above). [1] We are asked to dismiss the appeal from the disallowance of the Newton claim because return was not made by February 8th, which was the last day therefor in the absence of extension. Rule 18 of this court authorizes the judge who signed the citation to “enlarge the time for return at or before its expiration.” The order of extension was not actually entered until February 10th, but the order expressly recites-that it was “duly granted” on February 8th, and had “been inadvertently omitted from the record of that day.” We must conclusively presume that…
2Cases cited5 opinions
- In re RoadarmourCourt of Appeals for the Sixth Circuit · 1910
- Western Transit Co. v. Davidson S. S. Co.Court of Appeals for the Sixth Circuit · 1914
- Wabash Ry. Co. v. ComptonCourt of Appeals for the Sixth Circuit · 1909
- Haines v. First Nat. Bank of MiddletownCourt of Appeals for the Sixth Circuit · 1913
- Roseboom v. CorbittCourt of Appeals for the Sixth Circuit · 1912
3Cited by2 opinions
- Amick v. Mortgage Security CorporationCourt of Appeals for the Eighth Circuit · 1929
- Lovewell v. SchoolfieldCourt of Appeals for the Sixth Circuit · 1914