Legal Opinion

Board of Road Com'rs of Monroe County v. Keil

Court of Appeals for the Sixth Circuit

Decided May 6, 1919No. 3235PublishedCited by 10 opinions

Petition to Revise and Appeal from an Order of the District Court of the United States for the Northern District of Ohio; John M. Killits, Judge. Petition by the Board of Road Commissioners of Monroe County, Mich., to revise, and appeal from, an order entered on petition of Edwin D. Keil, trustee in bankruptcy of Garrigan Bros. Company, bankrupt.

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Petition to Revise and Appeal from an Order of the District Court of the United States for the Northern District of Ohio; John M. Killits, Judge. Petition by the Board of Road Commissioners of Monroe County, Mich., to revise, and appeal from, an order entered on petition of Edwin D. Keil, trustee in bankruptcy of Garrigan Bros. Company, bankrupt. Pursuant to the statutes of that state, there was in Monroe county, Mich., a “board of county road commissioners,” charged with certain powers and duties in building highways. It made contracts with the Garrigan Bros. Company, an Ohio corporation, of…

1Opinion of the CourtDenison, Circuit Judge

(after stating the facts as above). [1,2] We think it clear that the appeal must be dismissed. There has been no final order from which an appeal could be taken. Nor is any precedent pointed out for entertaining a petition to revise; but, with some hesitation, we conclude that the proceeding is of the character which the statute intends may be reviewed in that form. The petitioner asks instructions that he be directed to commence and prosecute certain litigation. It is objected that the court would have no jurisdiction thereof. The objection is overruled, and, if the order stands, the…

2Cases cited7 opinions

  1. United States Fidelity & Guaranty Co. v. BraySupreme Court of the United States · 1912
  2. Babbitt v. DutcherSupreme Court of the United States · 1910
  3. In re Diamond's EstateCourt of Appeals for the Sixth Circuit · 1919
  4. Orinoco Iron Co. v. MetzelCourt of Appeals for the Sixth Circuit · 1916
  5. Gibbons v. GoldsmithCourt of Appeals for the Ninth Circuit · 1915

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Hoehn v. McIntoshCourt of Appeals for the Sixth Circuit · 1940
  2. Grable v. KillitsCourt of Appeals for the Sixth Circuit · 1922
  3. McGonigle v. FoutchCourt of Appeals for the Eighth Circuit · 1931
  4. Moore v. ScottCourt of Appeals for the Ninth Circuit · 1932
  5. Dahlgren v. PierceCourt of Appeals for the Sixth Circuit · 1920

5 more not listed; retrieve them via the Exa API.

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