Legal Opinion

Kieda v. Krull

Court of Appeals for the Third Circuit

Decided February 10, 1939No. 6666Published

1Opinion of the Court

KALODNER, District Judge.

The question in this case is whether a judgment confessed by warrant of attorney on a bond accompanying a mortgage is a final decree within the meaning of Section 74, Subdivision (m), of the Bankruptcy Act, as amended by the Act of June 7, 1934, Title 11 U.S.C.A. § 202(m).1

The aforementioned Section subjects the debtor and his property, upon the filing of the debtor’s petition, to the exclusive jurisdiction of the court, “Provided, That it shall not affect any proceeding in any court in which a final decree has been entered * * * ft

In the case at issue, in 1932 Krull,…

2Cases cited4 opinions

  1. WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
  2. Sorenson v. CollinsCourt of Appeals for the Seventh Circuit · 1935
  3. Mahoning County Bank's AppealSupreme Court of Pennsylvania · 1858
  4. Gould v. RandalSupreme Court of Pennsylvania · 1911

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