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Eighth Circuit· 10/25/1905

In re Holmes

Citations

  • 142 F. 391
  • 73 C.C.A. 491
  • 1905 U.S. App. LEXIS 4116

Syllabus

<p>1. Bankruptcy — Appellate and Revisory Jurisdiction Not Exclusive, but Cumulative.</p> <p>The right of appeal and the right of superintendence and revision in matter of law only under Bankr. Act July 1, 1898, c. 541, § 24b, 80 Stat. 553 [U. S. Comp. St. 1901, 3482] are not exclusive, but cumulative. In a proper ease an aggrieved party has the option to review the controverted facts and the law which condition an order or judgment by appeal, or to review the law only by petition for revision.</p> <p>[Ed. Note. — Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9.]</p> <p>2. Same — Time for Appeal — Petition to Revise Appealable Order.</p> <p>The time within which a petition for the revision in matter of law, under Bankr. Act July 1, 1898, e. 541, § 24b, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432], of an appealable order or judgment may be presented, is limited by the time fixed by the bankruptcy law for the appeal.</p> <p>(Syllabus by the Court.)</p>

Judges: Sanborn

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