Conboy v. First Nat. Bank of Jersey City

Citations

• 203 U.S. 141
• 27 S. Ct. 50
• 51 L. Ed. 128
• 1906 U.S. LEXIS 1576

Syllabus

<p>Congress having provided by section 256 of the Bankruptcy Act that appeals may be had under such rules and within such time as may be prescribed by this court, the thirty day limitations in General Order in Bankruptcy XXXVI has the same effect as if written in the statute and the allowance of an appeal taken thereafter on certificate by a justice of this court from the Circuit Court of Appeals cannot operate as an adjudication that it is taken in time.</p> <p>The time within which an appeal may be taken under section 256 of the Bankruptcy Act and General' Order in Bankruptcy XXXVI runs from the entry of the original judgment or decree and when expired is not revived by a petition for rehearing. Appeals do not lie from orders denying petitions for rehearing which are addressed-to the discretion of the court to afford it ah opportunity to correct its own errors.</p> <p>The time for appeal cannot after it has expired be extended by an application for rehearing or arrested by an order of the court, even though the application be made during the same term at which judgment was entered.</p>