Courtney v. Shea
Court of Appeals for the Sixth Circuit
Appeals from, and Petitions to Revise Orders of, the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Petitions by R. H. Courtney, trustee in bankruptcy of John H. Shea, against John H. Shea and Irene Shea, and against James P. Whallen, individually and as executor of John H. Whallen, deceased. Prom orders (211 Fed. 365) granting insufficient relief, the trustee appeals, and also brings petitions to revise.
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Appeals from, and Petitions to Revise Orders of, the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Petitions by R. H. Courtney, trustee in bankruptcy of John H. Shea, against John H. Shea and Irene Shea, and against James P. Whallen, individually and as executor of John H. Whallen, deceased. Prom orders (211 Fed. 365) granting insufficient relief, the trustee appeals, and also brings petitions to revise. On November 11, 1913, John H. Shea was adjudicated a bankrupt on his petition of that date, and later R. H. Courtney was appointed trustee of…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1, 2j Counsel do not concern themselves about the remedies adopted by the trustee to bring these cases into this court. Since each proceeding is summary in character and object, we think each is a proceeding in bankruptcy, rcviewable under section 24b, and not appealable as a coniroversv arising in haukruotcy proceedings under section 24a. First Nat. Bank v. Title & Trust Co., 198 U. S. 280, 288, 291, 25 Sup. Ct. 693. 49 L. Ed. 1051; In re Goldstein, 216 Fed. 887, 888, 133 C. C. A. 91 (C. C. A. 7th Cir.); In re Farrell, 176 Fed. 505, 507-509, 100 C. C. A.…
2Cases cited14 opinions
- Babbitt v. DutcherSupreme Court of the United States · 1910
- First Nat. Bank of Chicago v. Chicago Title & Trust Co.Supreme Court of the United States · 1905
- Rathman v. BoothCourt of Appeals for the Eighth Circuit · 1910
- Shea v. LewisCourt of Appeals for the Eighth Circuit · 1913
- Benjamin v. Central Trust Co.Court of Appeals for the Seventh Circuit · 1914
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Board of Education v. LearyCourt of Appeals for the Eighth Circuit · 1916
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- In re Midtown Contracting Co.Court of Appeals for the Second Circuit · 1917
- Ft. Dearborn Trust & Savings Bank v. SmalleyCourt of Appeals for the Eighth Circuit · 1924
- Alt v. BurtCourt of Appeals for the Sixth Circuit · 1950
8 more not listed; retrieve them via the Exa API.