Titlow v. MacPhail
Court of Appeals for the Ninth Circuit
Appeal from and Petition for Revision of Proceedings of the District Court of the United States for the Southern Division of the Western District of Washington; Jeremiah Neterer, Judge. In the matter of the bankruptcy of Creech Bros. Lumber Company, a corporation.
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Appeal from and Petition for Revision of Proceedings of the District Court of the United States for the Southern Division of the Western District of Washington; Jeremiah Neterer, Judge. In the matter of the bankruptcy of Creech Bros. Lumber Company, a corporation. The claim of H. W. MacPhail to a preference was allowed, and from such order A. R. Titlow, as receiver of the United States National Bank of Centraba, appearing in the name and stead of Robert G. Chambers, as trustee of the bankrupt company, appeals and petitions to revise the order in matter of law. Petition for revision dismissed,…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] 1. The case comes here upon appeal from an order of the bankruptcy court under section 24a of the Bankruptcy Act, and also upon a petition to review such order under 'section 24b of the same act, because of a doubt as to the correct procedure for obtaining a review of the order in controversy. Both methods of procedure may be resorted to in order to avoid a mistake in the remedy. Chavelle v. Washington Trust Co., 226 Fed. 400, 405, 141 C. C. A. 230.
[ 2 ] But when the case is here upon both methods of procedure, this court must determine which of the two…
2Cases cited25 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Randolph v. ScruggsSupreme Court of the United States · 1903
- Brashear v. WestSupreme Court of the United States · 1833
- Mayer v. HellmanSupreme Court of the United States · 1876
- Tiffany v. Boatman's InstitutionSupreme Court of the United States · 1874
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3Cited by10 opinions
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- Australia v. MacDonaldCourt of Appeals for the Ninth Circuit · 1923
- Love v. ClaytonSupreme Court of Pennsylvania · 1926
- American Nat. Bank v. DunnSupreme Court of Oklahoma · 1929
- Patten v. Hill CountyCourt of Appeals of Texas · 1927
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