Hiscock v. Varick Bank of New York
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. General order in bankruptcy, No. XXXVI, relates to “Appeals,” and subdivision 3 thereof provides-: “In every case in which either party is entitled by the act to take an appeal to the Supreme Court of the United States, the court from which the appeal lies shall,’ at or before the time of entering its judgment or decree, make and file a finding of the facts, and its conclusions of law thereon, stated…
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. General order in bankruptcy, No. XXXVI, relates to “Appeals,” and subdivision 3 thereof provides-: “In every case in which either party is entitled by the act to take an appeal to the Supreme Court of the United States, the court from which the appeal lies shall,’ at or before the time of entering its judgment or decree, make and file a finding of the facts, and its conclusions of law thereon, stated separately; and the record transmitted to the Supreme Court of the United States on such an appeal shall consist only of the…
1Opinion of the Court
Mr. Chief Justice Fuller,'
after making the foregoing statement,- delivered the opinion of the court.
The errors assigned question the conclusions of law.
We need spend no time on the objection that the referee’s order did not amount to the rejection of the claims: What the referee said was: “As the proof now stands, I shall, therefore, decline to allow either claim as established against the estate or.estates.”
The District Judge recited the action of the referee as disallowing both claims, and entering “an order prescribing the method for ascertaining the value of such policies,” and concluded:…
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