Legal Opinion
In Re Times Square Auto Supply Co.
Court of Appeals for the Second Circuit
Decided January 5, 1931No. 159PublishedCited by 17 opinions
1Opinion of the CourtSwan, Circuit Judge
(after stating the facts as above).
The jurisdiction of this court is challenged by a motion to dismiss on the ground that no leave to appeal was obtained. If an appeal lies only under section 24b ofi the Bankruptcy Act, as amended by the Act of May 27, 1926, § 9, 11 USCA § 47 (b), the motion must be granted; if, however, it lies under section 24a, as amended by Act May 27, 1926, § 9,11 USCA § 47 (a), jurisdiction exists.
It is now settled that a proceeding, though summary, to compel a third person to deliver or account for properly adversely held is a “controversy arising in bankruptcy…
2Cases cited17 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Harrison v. ChamberlinSupreme Court of the United States · 1926
- May v. HendersonSupreme Court of the United States · 1925
- Taylor v. VossSupreme Court of the United States · 1926
- Weidhorn v. LevySupreme Court of the United States · 1920
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Chemical Bank v. SlanerCourt of Appeals for the Second Circuit · 1978
- In Re The Duplan CorporationCourt of Appeals for the First Circuit · 1978
- First Nat. Bank of Negaunee v. FoxCourt of Appeals for the Sixth Circuit · 1940
- Hillcrest Lumber Co., Inc., and Doran Lumber Corp. v. Terminal Factors, Inc.Court of Appeals for the Second Circuit · 1960
- In Re Retail Stores Delivery CorporationDistrict Court, S.D. New York · 1933
12 more not listed; retrieve them via the Exa API.