Ogden v. Gilt Edge Consol. Mines Co.
Court of Appeals for the Eighth Circuit
Petition to Revise Order of the District Court of the United States for the District of South .Dakota; James D. Elliott, Judge. In the matter of the bankruptcy of the Gilt Edge Consolidated Mines Company. Petition by Robert N. Ogden and another to- revise an ■ order in bankruptcy of the District Court denying Rave to intervene.
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Petition to Revise Order of the District Court of the United States for the District of South .Dakota; James D. Elliott, Judge. In the matter of the bankruptcy of the Gilt Edge Consolidated Mines Company. Petition by Robert N. Ogden and another to- revise an ■ order in bankruptcy of the District Court denying Rave to intervene. Tliis is a petition to revise an order of the District Court, made in a proceeding- in bankruptcy, which finally resulted in the adjudication of the respondent, Gilt Edge Consolidated Mines Company, a corporation, a bankrupt in an involuntary proceeding. The facts…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1] On behalf of the respondents it is claimed that a petition to revise cannot be maintained in this action, but that the proper remedy was by *727appeal. The ground upon which this claim is based is that an adjudication in bankruptcy can only be reviewed upon appeal. Section 25al, Bankruptcy Act. But this is not a proceeding to review the adjudication, but the action of the District Court refusing to permit the petitioners to intervene for the purpose of making, a defense, the officers of the corporation fraudulently refusing to do so. Section 24b of the…
2Cases cited11 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Delaware & Hudson Co. v. Albany & Susquehanna RailroadSupreme Court of the United States · 1909
- Bronson v. La Crosse & Milwaukie RailroadSupreme Court of the United States · 1864
- Lookman v. LangCourt of Appeals for the Eighth Circuit · 1904
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3Cited by21 opinions
- Cathedral Estates, Inc. v. The Taft Realty CorporationCourt of Appeals for the Second Circuit · 1955
- Zeitinger v. Hargadine-Mckittrick Dry Goods Co.Court of Appeals for the Eighth Circuit · 1917
- Imperial Assur. Co. v. LivingstonCourt of Appeals for the Eighth Circuit · 1931
- Heinz v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1916
- American Creosote Works, Inc. v. PowellCourt of Appeals for the Fifth Circuit · 1924
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