Benjamin v. Buell
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Bill in equity by Edwin B. Buell, trustee in bankruptcy of the estate of Sam Schissel, bankrupt, against Louis Benjamin, to require repayment of alleged preferences. Decree for complainant, and defendant appeals.
1Opinion of the Court
ALSCHULER, Circuit Judge.
[1] The appeal herein was prayed and allowed and bond filed within due time, but assignment of er*793rors was not filed for more than six months after entry of decree. Ap-pellee moved to dismiss the appeal on the ground that under rule 11 of this court (150 Fed. c, 79 C. C. A. c) the filing of the assignment of errors is jurisdictional, and unless filed within the statutory six months there was properly no appeal. We think the rule itself negatives such conclusion, in that it provides that under certain circumstances the court may notice errors not assigned at all, and…
2Cases cited1 opinion
- Hultberg v. AndersonCourt of Appeals for the Seventh Circuit · 1913
3Cited by4 opinions
- Harrison v. Merchants Nat. BankCourt of Appeals for the Eighth Circuit · 1942
- Hulk v. Rosenbaum (In Re Hulk)United States Bankruptcy Court, D. Connecticut · 1981
- United States v. DieckmannCourt of Appeals for the Seventh Circuit · 1939
- Wilson v. KanterCourt of Appeals for the Seventh Circuit · 1921