Birch v. Steele
Court of Appeals for the Fifth Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Alabama. The averments of the petition are as follows: “(1) Your petitioner avers that on, to wit, the 20th day of December, 1901, the Honorable Thomas G. Jones was appointed, and shortly thereafter was commissioned and confirmed as a United States District Judge for the Northern and Middle districts of Alabama, and duly qualified as such, and ever since has continued…
Read the full summary
Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Alabama. The averments of the petition are as follows: “(1) Your petitioner avers that on, to wit, the 20th day of December, 1901, the Honorable Thomas G. Jones was appointed, and shortly thereafter was commissioned and confirmed as a United States District Judge for the Northern and Middle districts of Alabama, and duly qualified as such, and ever since has continued to discharge the duties of such office in both of said districts. “Your petitioner further shows unto the court that…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). A great many questions are directly or indirectly raised by the allegations of the petition and the arguments of counsel, oral and written, but they can all, so far as they are material, be disposed of by the decision of three questions: (1) Is the statute making the judge of the Middle district also judge of the Northern district still in force? (3) Does the bankruptcy act of 1898 (Act July 1, 1898, c. 541, 30 Stat. 544 [U. S. Comp. St. 1901, p. 3418]) require the concurrent action of both the judges to make valid orders appointing and removing referees?…
2Cases cited5 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Red Rock v. HenrySupreme Court of the United States · 1883
- New London Northern Railroad v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1869
- City of Cincinnati v. BuckinghamOhio Supreme Court · 1840
- Ide v. CrosbyU.S. Circuit Court for the District of Northern Alabama · 1900
3Cited by4 opinions
- United States v. SolomonDistrict Court, S.D. New York · 1963
- Woodford v. Cosden &. Co.Court of Appeals for the Eighth Circuit · 1923
- In re Associated Gas & Electric Co.Court of Appeals for the Second Circuit · 1936
- In re the Investigation of the Administration of the Bankruptcy CourtCourt of Appeals for the Eighth Circuit · 1980