In re J. Jungmann, Inc.
Court of Appeals for the Second Circuit
Petition to Revise and Appeal from the District Court of the United States for the Southern District of New York. In the matter of J. Jungmann, Incorporated, bankrupt. Appeal by Hegeman & Co. from an order of the District Court.
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Petition to Revise and Appeal from the District Court of the United States for the Southern District of New York. In the matter of J. Jungmann, Incorporated, bankrupt. Appeal by Hegeman & Co. from an order of the District Court. This cause comes here upon appeal from and petition to revise an order of the District Court, Southern District of New York, which directed Hegeman & Co., a corporation, and certain of its officers, to carry ont the terms of the judicial sale, ordered and confirmed “by said court, of certain property belonging to the estate of the alleged bankrupt.” The order further…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). [1] It is contended that this order is not appealable; that it.can be reviewed only by petition to revise. The authorities upon this branch of bankruptcy, practice are so numerous and there is such conflict between them that it is sometimes difficult to determine within which class a .particular order of the bankruptcy court may fall; whether it is a “proceeding of the court of bankruptcy,” or “a controversy arising in bankruptcy proceedings.” It may be taken as settled that each case is to be determined by its own facts, and that the important…
2Cases cited3 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Camden v. MayhewSupreme Court of the United States · 1889
- Mason v. WolkowichCourt of Appeals for the First Circuit · 1906
3Cited by8 opinions
- Hollingsworth & Whitney Co. v. BostonCourt of Appeals for the First Circuit · 1917
- Sakuma v. Zellerbach Paper Co.California Court of Appeal · 1938
- Feldman v. American Palestine Line, Inc.Court of Appeals for the Second Circuit · 1927
- In re Sobod, Inc.District Court, S.D. New York · 1938
- In re Lane Lumber Co.Court of Appeals for the Ninth Circuit · 1913
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