Elliott v. Toeppner
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COTTRT OF APPEALS FOR THE SIXTH circuit. ' Elliott and others filed their petition foi; the adjudication of Ferdinand Toeppner as a bankrupt, in the District Court of the'United States for the Eastern District of Michigan, which averred that Toeppner was insolvent anfi that he had committed certain enumerated acts of bankruptcy under subdivisions (1), (2) .and (3) of section 3a of the bankruptcy act.
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CERTIFICATE FROM THE CIRCUIT COTTRT OF APPEALS FOR THE SIXTH circuit. ' Elliott and others filed their petition foi; the adjudication of Ferdinand Toeppner as a bankrupt, in the District Court of the'United States for the Eastern District of Michigan, which averred that Toeppner was insolvent anfi that he had committed certain enumerated acts of bankruptcy under subdivisions (1), (2) .and (3) of section 3a of the bankruptcy act. Toeppner answered denying that'he was insolvent at the time the petition was filed, and denying insolvency at the time of the commission of the , acts charged under…
1Opinion of the CourtChief Justice Fullee
The judgment of the District Court was a final judgment that Toeppner was not a bankrupt, and that the petition be dismissed. The question is whether the judgment could be otherwise revised than on writ of error, for if a writ of error should have been brought, then the Circuit- Court of Appeals had no authority to reexamine the proceedings on the jury trial, on appeal, or to remand for a new trial because of error in instructions given or refused, or in the admission or rejection of evidence, exceptions not having been preserved by a bill of exceptions.
Section 18«5 of the bankruptcy act…
2Cases cited8 opinions
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Mueller v. NugentSupreme Court of the United States · 1902
- West Co. v. LeaSupreme Court of the United States · 1899
- Dower v. RichardsSupreme Court of the United States · 1894
- Insurance Co. v. ComstockSupreme Court of the United States · 1873
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- Jones v. Eastern Michigan MotorbusesMichigan Supreme Court · 1939
- In re MuellerCourt of Appeals for the Sixth Circuit · 1905
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