Legal Opinion

Sandusky v. National Bank

Supreme Court of the United States

Decided May 18, 1875PublishedCited by 42 opinions

On motion by Mr. W. T. Olio, to dismiss, for want of jurisdiction, an appeal from the Circuit Court for the Southern District of Illinois; the case being thus: By the Bankrupt Act it is thus in effect enacted: “Section 1. That the several District Courts be . . . courts of bankruptcy, and shall have original jurisdiction in their respective districts in all matters and proceedings in bankruptcy. . . . And the jurisdiction shall extend to all cases and controversies arising…

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On motion by Mr. W. T. Olio, to dismiss, for want of jurisdiction, an appeal from the Circuit Court for the Southern District of Illinois; the case being thus: By the Bankrupt Act it is thus in effect enacted: “Section 1. That the several District Courts be . . . courts of bankruptcy, and shall have original jurisdiction in their respective districts in all matters and proceedings in bankruptcy. . . . And the jurisdiction shall extend to all cases and controversies arising between the bankrupt and any creditor who shall claim any debt or demand under the bankruptcy,” &c. “ Section 2. That the…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court. To authorize an appeal to this court from the judgment or decree of a Circuit Court reviewing the action of a District Court under its bankruptcy jurisdiction, the case must be one in which an appeal may be taken from the District to the Circuit Court; that is to say, it must be a case in equity arising under or authorized by the Bankrupt Act. ‡

In our opinion this is not.such a case. A proceeding in bankruptcy from the time of its commencement, by the filing of a petition to obtain the benefit of the act, until the final settlement of the…

2Cited by42 opinions

  1. Wayne United Gas Co. v. Owens-Illinois Glass Co.Supreme Court of the United States · 1937
  2. In re Burr Mfg. & Supply Co.Court of Appeals for the Second Circuit · 1914
  3. In re First Nat. Bank of Belle FourcheCourt of Appeals for the Eighth Circuit · 1907
  4. In re IvesCourt of Appeals for the Sixth Circuit · 1902
  5. Derby v. Worcester CountyCourt of Appeals for the First Circuit · 1900

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