Gray v. Grand Forks Mercantile Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of North Dakota. The appellant is the trustee, and the appellees are creditors, of the estate of one O. H. Johnson, who was adjudged a bankrupt on his voluntary petition.
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Appeal from the District Court of the United States for the District of North Dakota. The appellant is the trustee, and the appellees are creditors, of the estate of one O. H. Johnson, who was adjudged a bankrupt on his voluntary petition. In his final report and account the trustee claimed credit for three items of $56.80, $9.75, and $2.50, paid to C. J. Murphy, C. E. McNamara, and Alice Blair, respectively, for legal and stenographic services rendered at the instance of the trustee in connection with objections made by him to the bankrupt’s application for a discharge. In his final report…
1Opinion of the CourtVan Devanter, Circuit Judge
The principle that a court cannot directly adjudicate the rights of a person who is not before it is fundamental (Gregory v. Stetson, 133 U. S. 579, 10 Sup. Ct. 422, 33 L. Ed. 792), and is as applicable to courts exercising appellate jurisdiction as to those whose jurisdiction is'original (Terry v. Abraham, 93 U. S. 38, 23 L. Ed. 794; Davis v. Mercantile Co., 152 U. S. 590, 14 Sup. Ct. 693, 38 L. Ed. 563; Dodson v. Fletcher, 24 C. C. A. 69, 78 Fed. 214; American Loan & Trust Co. v. Clark, 27 C. C. A. 522, 83 Fed. 230; Grand Island & W. C. R. Co. v. Sweeney, 43 C. C. A. 255, 103 Fed. 342;…
2Cases cited19 opinions
- Kerrison v. StewartSupreme Court of the United States · 1876
- Hilton v. DickinsonSupreme Court of the United States · 1883
- Gregory v. StetsonSupreme Court of the United States · 1890
- Davis v. Mercantile Trust Co.Supreme Court of the United States · 1894
- In re LewensohnCourt of Appeals for the Second Circuit · 1903
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3Cited by5 opinions
- Contractors' Supply & Equipment Co. v. T. E. Hill Co.Court of Appeals for the Seventh Circuit · 1906
- Eldridge v. Payette-Boise Water Users' Ass'nIdaho Supreme Court · 1929
- Hunn v. LewisCourt of Appeals for the Eighth Circuit · 1928
- Hart v. WiltseeCourt of Appeals for the First Circuit · 1926
- Werner, Harris & Buck v. Equitable Trust Co.Court of Appeals for the Tenth Circuit · 1929