Wood v. Bailey
Supreme Court of the United States
Appeal from an order of the Circuit Court for the Southern District of Alabama, dismissing an appeal which one Wood sought to prosecute from a decree of the District Court sitting in bankruptcy.- Bailey, assignee in bankruptcy of a bankrupt, filed a bill in chancery in the District Court against Wood, Whitfield, and others, in regard to a mortgage held by Wood, and a supposed vendor’s lien claimed by the other parties, on lands owned by the bankrupt and passing to the…
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Appeal from an order of the Circuit Court for the Southern District of Alabama, dismissing an appeal which one Wood sought to prosecute from a decree of the District Court sitting in bankruptcy.- Bailey, assignee in bankruptcy of a bankrupt, filed a bill in chancery in the District Court against Wood, Whitfield, and others, in regard to a mortgage held by Wood, and a supposed vendor’s lien claimed by the other parties, on lands owned by the bankrupt and passing to the assignee by the assignment in bankruptcy. The object of the bill was to contest the validity of these liens-, and to have a…
1Opinion of the CourtJustice Miller
We concur with the judge of the Circuit Court, that for want of service of notice of the appeal on Bailey, the assignee, within ten days of the time of tiling the decree in the District Court, the appeal must be disallowed.
The language of the statute is very strong and admits of no other interpretation. No appeal shall be allowed in any case from the District to the Circuit Court, unless it is claimed and notice given to the clerk, and also to the other party, within ten days after the entry of the decree or decision appealed from.
The failure to give notice to the other party within the ten…
2Cited by10 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Pinney Dock And Transport Co. v. Penn Central Corp.Court of Appeals for the Sixth Circuit · 1988
- Pinney Dock & Transport Co. v. Penn Central Corp.Court of Appeals for the Sixth Circuit · 1988
- Williams v. De Soto Bank & Trust Co.Supreme Court of Louisiana · 1938
- Hall v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
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