In re Brown
District Court, S.D. New York
In Bankruptcy. In the matter of bankruptcy proceedings of Albert O. Brown and others. Application by Samuel C. Scotten and Scot-ten & Snydacker for leave to file a bill of review. Order affirmed in 213 Fed. 705.
1Opinion of the Court
HAND, District Judge.
[1] So far as the order granting leave is concerned, it was not necessary, because the complainant in the bill for review could have filed the bill without any order, if it be a bill of review for errors apparent on the record (Ricker v. Powell, 100 U. 5. 104, 109, 25 L. Ed. 527; Davis v. Speiden, 104 U. S. 83, 26 L. Ed. *702660); the rule goes back to Lord Burke’s ordinances. That it is only a bill of review for error apparent on the record appears' from Tilghman v. Werk (C. C.) 39 Fed. 680, a decision by Mr. Justice (then Judge) Jackson, who was exceptionally learned in…
2Cases cited10 opinions
- Southard v. RussellSupreme Court of the United States · 1854
- Thomas v. Gabrielle Brockenbrough, John Harvie, Edwin Harvie, Jacqueline Harvie, Julia Ann Harvie, Heirs at Law, and Devisees of John HarvieSupreme Court of the United States · 1825
- Ensminger v. PowersSupreme Court of the United States · 1883
- Ricker v. PowellSupreme Court of the United States · 1879
- Kimberly v. ArmsU.S. Circuit Court for the District of Northern Ohio · 1889
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3Cited by4 opinions
- Nelson v. BaileyMassachusetts Supreme Judicial Court · 1939
- Hagerott v. AdamsCourt of Appeals for the Eighth Circuit · 1932
- Hoell v. MellonDistrict Court, E.D. New York · 1925
- Parks v. ParksCourt of Appeals for the D.C. Circuit · 1938