Nagel v. Kraus
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. ' Proceeding on objections filed by Isidor Nagel, alleged bankrupt, to the claim of Walter Kraus. An order expunging the claim was reversed by the District Court,'and the bankrupt appeals.
1Opinion of the Court
ROGERS, Circuit Judge.
[1, 2] The question involved arises in a “proceeding in bankruptcy,” within section 24b (Comp. St. § 9608), and so is to be disposed of upon a petition to revise, not being a “controversy arising in a bankruptcy proceeding,” under section 24a (section 9608), which could be brought here only upon an appeal; and it is of course well settled that in the case of a petition for revision, as the statute confers jurisdiction “to superintend and revise in matters of law,” it does not contemplate any review of the facts by the appellate court, and only questions of law decided by…
2Cases cited28 opinions
- Adams' Express Co. v. TregoCourt of Appeals of Maryland · 1872
- Jerome v. . Queen City Cycle Co.New York Court of Appeals · 1900
- Orr v. WardIllinois Supreme Court · 1874
- Park Bros. & Co. v. BushnellCourt of Appeals for the Second Circuit · 1894
- Von Heyne v. TompkinsSupreme Court of Minnesota · 1903
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3Cited by23 opinions
- Schuessler v. Benchmark Marketing & Consulting, Inc.Nebraska Supreme Court · 1993
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- Markus v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1944
- Twentieth Century-Fox Film Corporation v. Ring Lardner, Jr.Court of Appeals for the Ninth Circuit · 1954
- Greene v. Hawaiian Dredging Co.California Supreme Court · 1945
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