Legal Opinion

In Re Branner

Court of Appeals for the Second Circuit

Decided December 7, 1925No. 89PublishedCited by 15 opinions

1Opinion of the Court

HAND, Circuit Judge (after stating the facts as above).

Our only jurisdiction over the order discharging the rules is by petition to revise under section 24b (Comp. St. § 9608). The proceedings involve none of the “judgments” covered by section 25 (Comp. St. '§ 9609). The nearest subdivision of that section is (a), (2): “A judgment granting or denying a discharge.” An order affirming or denying a composition must indeed be reviewed by appeal. In re Gottlieb, 262 F. 730 (C. C. A. 2); In re O’Gara Coal Co., 260 F. 742, 171 C. C. A. 480 (C. C. A. 7); In re Bay State Milling Co., 223 F. 778, 139…

2Cases cited4 opinions

  1. First Savings & Trust Co. v. MannCourt of Appeals for the Seventh Circuit · 1912
  2. In re GottliebCourt of Appeals for the Second Circuit · 1919
  3. O'Gara v. New York Cent. R.Court of Appeals for the Seventh Circuit · 1919
  4. In re Bay State Milling Co.Court of Appeals for the Second Circuit · 1915

3Cited by15 opinions

  1. Hammer v. TuffyCourt of Appeals for the Second Circuit · 1944
  2. In Re Gilchrist Co.District Court, E.D. Pennsylvania · 1976
  3. In Re Jayrose Millinery Co.Court of Appeals for the Second Circuit · 1937
  4. In the Matter of Charles F. Schwab, Bankrupt. Colorado Livestock Production Credit Assoc. v. Charles F. SchwabCourt of Appeals for the Fifth Circuit · 1980
  5. Monjar v. HigginsCourt of Appeals for the Second Circuit · 1943

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