In re Hudson Clothing Co.

Citations

• 140 F. 49
• 1905 U.S. Dist. LEXIS 73

Syllabus

<p>1. Bankruptcy — Grounds por Rehearing — Revival 'of Right op Appeal.</p> <p>While a court of bankruptcy has the right to grant a rehearing after the time for an appeal from its order or decree has expired, for the purpose of reviving the right of appeal, it should not do so unless the facts in the case clearly warrant it, because otherwise the effect would be to nullify the statutory provision limiting the time within which an appeal may be taken.</p> <p>2. Same.</p> <p>An adjudication of bankruptcy was made after a full hearing on oral testimony which was not taken down, although the court called the attention of counsel to the fact, suggesting the necessity, in case either party should desire to appeal, and offered to suspend the hearing until a stenographer could be procured. No steps for an appeal were taken, but after the time for an appeal had expired a petition for a rehearing was filed. Held that, where the court was of opinion that there was no ground for a rehearing on the merits, one would not be granted, for the purpose of giving the bankrupt the right to appeal.</p>