Wuerpel v. Commercial Germania Trust & Savings Bank
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. In the matter of the Smith Bros. Company, Limited, bankrupt. A. C. Wuerpel and another, trustees, appeal from an order directing payment in full of the claim of Commercial Germania Trust & Savings Bank.
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Appeal from the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. In the matter of the Smith Bros. Company, Limited, bankrupt. A. C. Wuerpel and another, trustees, appeal from an order directing payment in full of the claim of Commercial Germania Trust & Savings Bank. This was an appeal from an order confirming the report of a special master, and adjudging that the appellee he paid out of the funds in the hands of the trustee the amount of its alleged prior claim in the sum of $4,153, with interest, less a credit of $706.01, being the dividend…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). The record presents three questions of practice and procedure, and one of substantive right.
*271[1] 1. The case is brought to this court by appeal, and the appel-lee contends that the appeal was taken more than 10 days from the date of the judgment appealed from, and should be dismissed because taken too late. The appellee contends that the appeal must be taken under section 25a, contending that the judgment appealed from was one “allowing or rejecting a debt or claim of $500 or over.” The appellant contends that the appeal was allowed under section 24a, which…
2Cases cited12 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Commercial Bank of Pa. v. ArmstrongSupreme Court of the United States · 1893
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Cragie v. . HadleyNew York Court of Appeals · 1885
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3Cited by16 opinions
- Texas & Pacific Railway Co. v. PottorffSupreme Court of the United States · 1934
- United States National Bank v. Chase National BankSupreme Court of the United States · 1947
- Raynor v. Scandinavian-American BankWashington Supreme Court · 1922
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- Lewith v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933
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