Dodge v. Norlin

Citations

• 133 F. 363
• 66 C.C.A. 425
• 1904 U.S. App. LEXIS 4421

Syllabus

<p>1. Appellate Jurisdiction — Controversies Arising in Bankruptcy.</p> <p>Section 24a of the bankruptcy law of July 1, 1898, c. 541, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3431], vests in the Circuit Courts of Appeals appellate jurisdiction over all controversies arising in bankruptcy proceedings over which those courts would have had jurisdiction if those controversies had arisen in the federal cojirts in other cases outside of proceedings in bankruptcy.</p> <p>2. Same — Revocation.</p> <p>This appellate jurisdiction is not excluded or revoked by the provision of section 25a which grants jurisdiction over three specified classes of cases, and limits the time for invoking it to 10 days, nor by section 24b (30 Stat. 553 [U. S. Comp. St. 1901, p. 3432]), which vests the power of supervision and revision in matter of law in the Court of Appeals. A litigant has the option, in a proper case, to review a decision by appeal or by a petition for revision as matter of law.</p> <p>3. Same — Judgment Avoiding Chattel Mortgage — Right op Appeal.</p> <p>A judgment of a court of bankruptcy that a chattel mortgage upon the alleged property of the bankrupt is voidable by his trustee, that it entitles the mortgagee to no lien upon the property and to no preference in payment out of its proceeds, is a final decision of a controversy arising in bankruptcy proceedings, of which the Circuit Court of Appeals would have had appellate jurisdiction if it had arisen in any other case in a federal court, and the decision may be reviewed by appeal.</p> <p>4. Bankruptcy — Appeal—Practice—Bill op Exceptions.</p> <p>J bill of exceptions has no function and accomplishes no purpose in proceedings in bankruptcy.</p> <p>A proceeding in baiumiptcy is a proceeding in equity.</p> <p>An appeal malees the entire record available to the appellant, and imposes the duty upon him and upon the clerk of the lower court to place the material parts of it in the transcript sent to the appellate court. Teller v. U