Smith v. Mortgage & Debenture Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Texas. The appeal in this ease was taken by John P. Smith, receiver of the City National Bank of Ft. Worih, Tex., from an order made by the district judge allowing, in the Eugene Roche bankruptcy proceeding pending before him, an attorney’s fee of $575 to the Mortgage & Debenture Company, Limited, of London, England.
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Appeal from the District Court of the United States for the Northern District of Texas. The appeal in this ease was taken by John P. Smith, receiver of the City National Bank of Ft. Worih, Tex., from an order made by the district judge allowing, in the Eugene Roche bankruptcy proceeding pending before him, an attorney’s fee of $575 to the Mortgage & Debenture Company, Limited, of London, England. On the 8d day of April, 1891, the bankrupt, Eugene Roche, and his wife, executed to the New England Loan & Trust Company their first-mortgage bond for the sum of $5,750 borrowed money. To secure the…
1Opinion of the Court
MAXEY,' District Judge,
after stating the case, delivered the following opinion:
The appellee has made a motion to dismiss the appeal in this caso on the following grounds:
“(1) The judgment appealed from is a judgment of the court of bankruptcy, made in the exercise of its summary jurisdiction, adjudging the amount due on a secured claim, and is not a judgment allowing or rejecting a claim, within the meaning of section 25 of the bankruptcy act approved July 1, 1898, conferring appellate jurisdiction on this honorable court (2) Because said section 25 does not authorize an appeal to be taken by…
2Cases cited15 opinions
- Fowler v. Equitable Trust Co.Supreme Court of the United States · 1891
- Timmins v. Bonner & LongTexas Supreme Court · 1883
- Martin Brown Co. v. PerrillTexas Supreme Court · 1890
- Morrill v. HoytTexas Supreme Court · 1892
- Bedell v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
- Ohio Valley Bank Co. v. MackCourt of Appeals for the Sixth Circuit · 1906
- Gugel v. New Orleans Nat. BankCourt of Appeals for the Fifth Circuit · 1917
- In Re J. David Dominelli, Debtors. M. Larry Lawrence v. Steinford Holding B v. a Netherlands CorporationCourt of Appeals for the Ninth Circuit · 1987
- Fred Reuping Leather Co. v. Fort Greene Nat. Bank of Brooklyn, N. Y.Court of Appeals for the Third Circuit · 1939
37 more not listed; retrieve them via the Exa API.