Gibbons v. Goldsmith
Court of Appeals for the Ninth Circuit
Petition for Revision of Proceeding of the District Court of the United States for the Northern Division of the Western District of Washington, in Bankruptcy; Jeremiah Neterer, Judge. Petition by Mary L. Gibbons against J. S. Goldsmith, as trustee in bankruptcy of the estate of Pat Gibbons, bankrupt, to revise an order of the District Court entered in the bankruptcy proceedings. Pat Gibbons, upon the petition of creditors, was adjudged a bankrupt.
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Petition for Revision of Proceeding of the District Court of the United States for the Northern Division of the Western District of Washington, in Bankruptcy; Jeremiah Neterer, Judge. Petition by Mary L. Gibbons against J. S. Goldsmith, as trustee in bankruptcy of the estate of Pat Gibbons, bankrupt, to revise an order of the District Court entered in the bankruptcy proceedings. Pat Gibbons, upon the petition of creditors, was adjudged a bankrupt. The bankrupt’s estate consisted of 640 acres of land on which was a coal mine then under a lease for a period of years. This property was acquired…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). This case presents the beclouded question which arises in nearly every case in which review of decisions in bankruptcy is sought in an appellate court. Is the remedy by appeal or by petition to revise? Is the judgment to be reviewed a step in a bankruptcy proceeding, or is it a controversy arising in a bankruptcy proceeding? The answer to the question in a case of this kind depends upon the nature of the proceeding in the bankruptcy court, and the questions which are to be presented for review to the appellate court. It is to be observed that the petitioner…
2Cases cited29 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Coder v. ArtsSupreme Court of the United States · 1909
- Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Murphy v. John Hofman Co.Supreme Court of the United States · 1909
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3Cited by16 opinions
- In re BerryDistrict Court, E.D. Michigan · 1917
- In re Dressler Producing Corp.Court of Appeals for the Second Circuit · 1919
- In Re Christ's Church of the Golden RuleCourt of Appeals for the Ninth Circuit · 1949
- Carron v. AbounadorNew Mexico Supreme Court · 1923
- In re HenningsenCourt of Appeals for the Second Circuit · 1924
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