Legal Opinion
Metz v. Knobel
Court of Appeals for the Second Circuit
Decided July 26, 1927No. 363PublishedCited by 17 opinions
1Opinion of the CourtSwan, Circuit Judge
(after stating the facts as above). The judgment should have been brought up for review by writ of error rather than appeal. However, such errors of
form may be ignored. Brown v. Leo, 12 F. (2d) 350 (C. C. A. 2).
The appellant, who will be referred to hereinafter as the plaintiff, states that the theory of his suit is recovery upon the decree entered by the referee in bankruptcy. His complaint is drawn on this theory. He pleads the proceedings in the bankruptcy court ás he would plead a complete and final judgment for a sum of money, and he bases federal jurisdiction upon diversity of…
2Cases cited10 opinions
- Fitch v. RichardsonCourt of Appeals for the First Circuit · 1906
- In re BaconCourt of Appeals for the Second Circuit · 1913
- In re Patterson-MacDonald Shipbuilding Co.District Court, W.D. Washington · 1922
- In re Continental Producing Co.District Court, S.D. California · 1919
- McCulloch v. Davenport Savings BankDistrict Court, S.D. Iowa · 1915
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1955
- Columbia Foundry Co. v. LochnerCourt of Appeals for the Fourth Circuit · 1950
- In Re NathanDistrict Court, S.D. California · 1951
- Triangle Electric Co. v. FoutchCourt of Appeals for the Eighth Circuit · 1930
- Giffin v. VoughtCourt of Appeals for the Second Circuit · 1949
12 more not listed; retrieve them via the Exa API.