Legal Opinion

Nimick v. Coleman

Supreme Court of the United States

Decided November 26, 1877PublishedCited by 3 opinions

Motion to dismiss an appeal from the Circuit Court of the United States for the Western District of Pennsylvania. Zug & Co., a partnership firm composed of Christopher Zug and Charles H. Zug, were adjudicated bankrupts by the District Court of the United States for the Western District of Pennsylvania, March 18, 1876. The creditors determined that it was for the interest of the general body of the creditors that the estate should be settled and distributed by trustees…

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Motion to dismiss an appeal from the Circuit Court of the United States for the Western District of Pennsylvania. Zug & Co., a partnership firm composed of Christopher Zug and Charles H. Zug, were adjudicated bankrupts by the District Court of the United States for the Western District of Pennsylvania, March 18, 1876. The creditors determined that it was for the interest of the general body of the creditors that the estate should be settled and distributed by trustees under-the inspection and direction of a committee,. as provided by sect. 43 of the Bankrupt Act. Rev. Stat;, - sect. 610.3..'…

1Opinion of the Court

Mr. Chief, Justice Waite

delivered the opinion of the court.

We think the motion to dismiss in this case must be granted. The record shows affirmatively that the Circuit Court refused to take jurisdiction upóu the appeal, and did proceed under its supervisory jurisdiction alone. The case is thus brought directly within our decision in Stickney v. Wilt, 23 Wall. 150; and, as the order of the District Court has-been affirmed, we are not called upon to determine whether we should set aside the action of the Circuit Court for Avant of jurisdiction, as Ave did in that c.ase, because there Avas a…

2Cases cited1 opinion

  1. Stickney v. WiltSupreme Court of the United States · 1874

3Cited by3 opinions

  1. Catron v. LaughlinNew Mexico Supreme Court · 1903
  2. In re HerdicDistrict Court, W.D. Pennsylvania · 1889
  3. Merchants’ Bank of Pittsburgh v. SlagleSupreme Court of the United States · 1882

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