Legal Opinion

Tallcott v. Friend

Court of Appeals for the Seventh Circuit

Decided January 3, 1905No. Nos. 1,087, 1,088PublishedCited by 28 opinions

Petitions to Review and Revise an Order of the District Court of the United States for the Northern District of Illinois, in Bankruptcy. On motion to dismiss. ' The petitioners seek to have this court review and revise in matter of law certain rulings which culminated on May 7, 1904, in the confirmation of a composition offered by the bankrupts. The petitioners prayed and were allowed an appeal, but failed to perfect it. On May 17, 1904, they filed these petitions.

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Petitions to Review and Revise an Order of the District Court of the United States for the Northern District of Illinois, in Bankruptcy. On motion to dismiss. ' The petitioners seek to have this court review and revise in matter of law certain rulings which culminated on May 7, 1904, in the confirmation of a composition offered by the bankrupts. The petitioners prayed and were allowed an appeal, but failed to perfect it. On May 17, 1904, they filed these petitions. The bankrupts interpose a motion to dismiss for want of jurisdiction. The following sections of the bankruptcy act are referred…

1Opinion of the CourtBaker, Circuit Judge

(after stating the facts). By virtue of section 14c, Bankr. Act July 1, 1898, c. 541, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428], a judgment confirming a composition is a judgment granting a discharge. United States ex rel. Adler v. Hammond, 104 Fed. 862, 44 C. C. A. 229; Ross v. Saunders, 105 Fed. 915, 45 C. C. A. 123; Marshall Field & Co. v. Wolf Dry Goods Co., 120 Fed. 815, 57 C. C. A. 326; Wilmot v. Mudge, 103 U. S. 217, 26 L. Ed. 536.

So the question becomes this: Has a party who feels himself aggrieved by a judgment rendered by the court without the intervention of a jury, granting the…

2Cases cited16 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  3. Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
  4. Cumming v. Richmond County Board of EducationSupreme Court of the United States · 1899
  5. Elliott v. ToeppnerSupreme Court of the United States · 1902

11 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Thomas v. WoodsCourt of Appeals for the Eighth Circuit · 1909
  2. In re MuellerCourt of Appeals for the Sixth Circuit · 1905
  3. Broders v. LageCourt of Appeals for the Eighth Circuit · 1928
  4. In re Dressler Producing Corp.Court of Appeals for the Second Circuit · 1919
  5. Morehouse v. Pacific Hardware & Steel Co.Court of Appeals for the Ninth Circuit · 1910

23 more not listed; retrieve them via the Exa API.

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