Bryar v. Campbell
Supreme Court of the United States
APPEAL PROM THE COURT OP APPEALS POR THE THIRD CIRCUIT. .This was a suit in equity instituted in the District Court for the "Western District of Pennsylvania, April 30, 1877, by Jane Bryar against James Bryar, her husband, and Robert Arthurs, his assignee in bankruptcy, to enjoin the latter from partitioning or offering for sale an undivided half of seven acres of land in the city of Pittsburgh, for which, as she alleged, a conveyance had been made by mistake to her husband,…
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APPEAL PROM THE COURT OP APPEALS POR THE THIRD CIRCUIT. .This was a suit in equity instituted in the District Court for the "Western District of Pennsylvania, April 30, 1877, by Jane Bryar against James Bryar, her husband, and Robert Arthurs, his assignee in bankruptcy, to enjoin the latter from partitioning or offering for sale an undivided half of seven acres of land in the city of Pittsburgh, for which, as she alleged, a conveyance had been made by mistake to her husband, though she had paid the purchase money with her own individual funds. Notwithstanding the pendency of this bill the…
1Opinion of the CourtJustice Brown
Plaintiffs ask for a reversal of this decree upon the grounds, first, that the appeal from the District Court to the Circuit Court in bankruptcy was not claimed and notice given to the clerk of the District Court within the time prescribed by the rules; and, second, because it affirmed the decree of the Circuit Court upon its merits.
1. If there be anything in the defence that the appeal from the District Court to the Circuit Court in the bankruptcy proceedings was not taken within the time prescribed by law, it comes too late. It is true that Eev. Stat. sec. 4981, declares that “no appeal…
2Cases cited3 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Faber v. HoveyMassachusetts Supreme Judicial Court · 1875
3Cited by29 opinions
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Fayerweather v. RitchSupreme Court of the United States · 1904
- Linnen v. ArmainisCourt of Appeals for the Third Circuit · 1993
- Hickey v. JohnsonCourt of Appeals for the Eighth Circuit · 1925
- Coppedge v. ClintonCourt of Appeals for the Tenth Circuit · 1934
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