Coder v. Arts

Citations

• 213 U.S. 223
• 29 S. Ct. 436
• 53 L. Ed. 772
• 1909 U.S. LEXIS 1869

Syllabus

<p>Where a creditor presents a claim to the trustee joined with a statement that he has security upon the estate Which it is his purpose to maintain and upon which he is entitled to priority, he institutes a proceeding in bankruptcy as distinguished from a controversy aris--ing in the course of bankruptcy proceedings and an appeal lies to the Circuit Court of Appeals under ■§ 256, and the party aggrieved is not limited by § 246 to a petition for revision; and an appeal also lies to this, court, under the rules prescribed by it, if the amount involved exceeds $2,000 and the question involved is one which gives jurisdiction to this court to review judgments of the state courts under § 709, Rev. Stat., or if a certificate of a justice of this court is made as required by par. 2 of subd. 6 of § 25.</p> <p>General Order of this court, No. 36 in bankruptcy, which requires an appeal from a judgment of the Circuit Court of Appeals to be taken within thirty days, and that the court from which the appeal lies to make findings of fact and conclusions of law within thirty days held to be complied with by the Circuit Court of Appeals making findings within such thirty days, and directing them to be filed nunc pro tunc as of the day of entry of judgment, the appeal having also been taken within thirty days from such day of entry.</p> <p>Where the claimant against a bankrupt’s estate asserts a lien which would be defeated under the construction placed upon the bankruptcy act by the trustee, and the lien is allowed, a Federal question is involved, which if involved in a ease in the state court would give this court jurisdiction to review the judgment under § 709, Rev. SJat., and the case is appealable from the Circuit Court of Appeals to this court under § 256 of the bankruptcy act.</p> <p>On appeals from the Circuit Court of Appeals under § 256 this court, under par. 3 of General Orders in Bankruptcy No. 36, can only look at the facts found by the Circuit Court of Appeals,</p> <p>