Dickas v. Barnes

Citations

• 140 F. 849
• 1905 U.S. App. LEXIS 3966

Syllabus

<p>1. Bankruptcy — Partnership—Jurisdiction over Property of Partner.</p> <p>A court of bankruptcy, which is administering the estate of a bankrupt partnership, has jurisdiction, as incidental thereto, to take possession of the property of a partner, although he has not been and could not be adjudged a bankrupt individually, and to administer the same as far as necessary to a settlement of the partnership estate.</p> <p>2. Same — Appellate Jurisdiction — Mode of Review.</p> <p>Orders made by a court of bankruptcy, requiring the members of a bankrupt partnership to schedule and surrender their individual property, are made in the course of the administration of the estate, and are a part of the proceeding in bankruptcy, reviewable only by petition for revision under Bankr. Act July 1, 1898, c. 541, § 24b, 30 Stat 553 [U. S. Comp. St. 1901, p. 3431].</p> <p>[Ed. Note. — Appeal and review in bankruptcy cases, see note to In re Eggert, 43 O. C. A. 9.]</p> <p>3. Same — Treating Appeal as Petition, for Review.</p> <p>The remedies for reviewing matters in bankruptcy by appeal and petition for revision are mutually exclusive, and an appeal erroneously taken cannot be treated as a petition for review.</p>