Board of Com'rs v. Hurley

Citations

• 169 F. 92
• 94 C.C.A. 362
• 1909 U.S. App. LEXIS 4558

Syllabus

<p>1. Bankruptcy (§ 308*)—Claims—Dividends—Payments After Bankruptcy by Third Parties do Not Reduce.</p> <p>The obligee in a bond, or the holder of a claim upon which several parties are personally liable, may prove his claim against .each of the estates of those who become bankrupt, and may at the same time pursue the others at law, and he may recover notwithstanding payments after the bankruptcy by other obligors, or by their estates dividends from each estate in bankruptcy upon the full amount of his claim at the time the petition in bankruptcy was filed therein, until from all sources he has received full payment of his claim, but no longer.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Dec. Dig. § 308.*]</p> <p>2. Bankruptcy (§ 359*)—Westing' Equitable Estate in .Creditors in Proportion to Claims. .</p> <p>The filing of a petition in, bankruptcy vests in each creditor of the bankrupt an equitable estate in such a proportion of his property as the creditor’s claim bears to the entire-amount of the provable claims.</p> <p>[Ed. Note.—For other cases, see Bankruptcy,; Dec. Dig. § 359.*]</p> <p>3. Appeal and Error (§ 878*)—Parties Entitled to Allege Error—Cross-Errors Not Cognizable in Federal Appellate Courts.</p> <p>An appellee who does not take an appeal, and a defendant in error who does not sue out a writ of error, cannot confer jurisdiction upon an appellate court to consider or review decisions adverse to him upon questions suggested by an assignment, or by an argument of cross-errors, nor can he be heard upon such questions. He may be heard only in support of the order, decree, or judgment below.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 3573-3580; Dec. Dig. § 878.*]</p> <p>{Syllabus by the Court.)</p>