Frederic L. Grant Shoe Co. v. W. M. Laird Co.

Citations

• 212 U.S. 445
• 29 S. Ct. 332
• 53 L. Ed. 591
• 1909 U.S. LEXIS 1827

Syllabus

<p>The time within which a writ of error may be brought to review an adjudication of bankruptcy of the District Court is two years as regulated by §,§ 4, 5, of the act of March 3,1891, c. 517, 26 Stat. 826, 827, and not thirty days, the time fixed for appeals by general order of this court' in bankruptcy, No. 36. Allen v. Southern Pacific Co., 173 ' U. S. 479.</p> <p>A bill of exceptions is not necessary when it adds nothing to the record. C. H. Nichols Lumber Co. v. Franson, 203 U. S. 278.</p> <p>The objections to a double resort to review decisions of the lower courts to both the Circuit Court of Appeals and this court do not apply where the proceeding in the Circuit Court of Appeals is merely revisory as it is under § 246 of the Bankruptcy Act; and a merely interlocutory decision in such a proceeding cannot prevent a case otherwise proper to be brought here, frotó being taken to this court after final judgment.</p> <p>Provable claims, on' which a petition to have the debtor adjudicated a bankrupt under § 596 of the Bankruptcy Act can be based, are claims that can be proved in the proceedings, and a liquidation may be ordered on the filing of the petition to ascertain whether the petition is based on a provable claim.</p> <p>A provable claim may be- based on the breach.of an express warranty. ■</p>