Gadd v. Dawson
Court of Appeals for the Eighth Circuit
Petition to Revise Order of and Appeal from the District Court of the United States for the Northern District of Iowa; George C. Scott, Judge. Proceedings on the claim of P. B. Dawson and another, copartners as Winders & Dawson, against the Hanson & Tyler Auto Company, bankrupt, opposed by C. W. Gadd, trustee in bankruptcy. An order of the referee, disallowing the claim, was reversed by the District Judge, and the trustee appeals and brings a petition to revise.
1Opinion of the Court
KENYON, Circuit Judge.
[1,2] This matter is before us on appeal and also on petition to revise under section 24b of the Bankruptcy Act. (Comp. St. § 9608). The petition to revise is clearly the proper method, of presenting the legal questions involved, the controversy being “a proceeding in bankruptcy.” In re Lee, 182 Fed. 579, 105 C. C. A. 117; In re Carley, 117 Fed. 130, 55 C. C. A. 146; Kinkead v. J. Bacon & Sons, 230 Fed. 362, 144 C. C. A. 504; Collier on Bankruptcy (11th Ed.) 575. That legal questions only can be considered by the appellate court upon a petition to revise is well settled…
2Cases cited27 opinions
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- In re RochfordCourt of Appeals for the Eighth Circuit · 1903
- Atchison, T. & S. F. Ry. Co. v. HurleyCourt of Appeals for the Eighth Circuit · 1907
- Duryea Power Co. v. SternberghSupreme Court of the United States · 1910
- In re MullenDistrict Court, D. Massachusetts · 1900
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3Cited by4 opinions
- Live Stock State Bank v. DoyleCourt of Appeals for the Eighth Circuit · 1923
- In Re RuskayCourt of Appeals for the Second Circuit · 1925
- In Re E. C. Denton Stores Co.District Court, S.D. Ohio · 1933
- American Nat. Bank v. HarrisCourt of Appeals for the Tenth Circuit · 1936