Legal Opinion

Hutchins v. Briggs

Court of Appeals for the Second Circuit

Decided April 18, 1894PublishedCited by 1 opinion

Appeal from the District Court of the United States for-the Southern District of New York. Petition of appeal from the decision of the district court in the matter of Alanson T. Briggs, a bankrupt, and in the suits of Augustus Hutchins, as his assignee, against Alanson T. Briggs and others, and of the same against Amelia A. Tate and others.

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Appeal from the District Court of the United States for-the Southern District of New York. Petition of appeal from the decision of the district court in the matter of Alanson T. Briggs, a bankrupt, and in the suits of Augustus Hutchins, as his assignee, against Alanson T. Briggs and others, and of the same against Amelia A. Tate and others. Samuel E. Briggs, as a creditor of the above-named bankrupt, made a motion in the bankruptcy proceedings pending in the United States district courtfor the southern district of New York to remove the assignee in bankruptcy. He also moved, as a defendant in…

1Opinion of the Court

WALLACE, Circuit Judge.

Properly speaking, there are no appeals pending in this court. Ho assignment of errors has been filed, no appeal or writ of error has been allowed, and no citation has been issued. But the theory of the petitioner is that the circuit court has no longer jurisdiction to review proceedings in bankruptcy, *499under section 4986 of the Revised Statutes; that by the act of March 3,1893., the jurisdiction which was taken away from the circuit court was conferred upon this court; and that, when exercised, it may be invoked, by the terms of section 4986, by bill or by petition.

Prior…

2Cases cited3 opinions

  1. Morgan v. ThornhillSupreme Court of the United States · 1871
  2. Coit v. RobinsonSupreme Court of the United States · 1874
  3. Clark v. IselinU.S. Circuit Court for the District of Southern New York · 1871

3Cited by1 opinion

  1. In re SweetserU.S. Circuit Court for the District of Massachusetts · 1907

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