De Watteville v. Sims
Supreme Court of Oklahoma
Action by B. C. Sims against Charles De Watteville and others on a note to foreclose a mortgage lien.' Judgment for plaintiff and defendants bring error.
1Opinion
ON REHEARING.
It now appears that, under the practice in bankruptcy cases, the referee’s adjudication that plaintiff’s claim was void for usury was not superseded by the petition to the judge for review ; and it seems that the finding of the referee should be held to be a judgment, and final, unless set aside upon review by the judge, or appealed, at least in the absence of an order which could operate as a supersedeas. There is error in the former opinion on this point. As to this see 1 Remington on Bankruptcy, sec. 1772, p. 1077; In re Home Discount Co. (D. C.) 147 Fed. 538, 17 Am. Bankr.…
2Cases cited17 opinions
- Whitney v. WenmanSupreme Court of the United States · 1905
- Smalley v. LaugenourSupreme Court of the United States · 1905
- Hargadine-McKittrick Dry Goods Co. v. HudsonCourt of Appeals for the Eighth Circuit · 1903
- Thomas v. WoodsCourt of Appeals for the Eighth Circuit · 1909
- In re Home Discount Co.District Court, N.D. Alabama · 1906
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