Matter of Loving

Citations

• 224 U.S. 183
• 32 S. Ct. 446
• 56 L. Ed. 725
• 1912 U.S. LEXIS 2294

Syllabus

<p>Controversies arising in bankruptcy proceedings, as distinguished from bankruptcy proceedings, are appealable to the Circuit Court of Appeals under the Court of Appeals Act of March 3, 1891.</p> <p>A claim asserted against a bankrupt’s estate not only for the amount thereof but for a lien therefor on the assets of the estate is a bankruptcy proceeding, and not a controversy arising from the bankruptcy proceeding, and an appeal by the trustee from the order allowing the claim and lien is under § 25a to the Circuit Court of Appeals.</p> <p>Qne who is entitled under § 25a to an appeal to the Circuit Court of Appeals, is not also entitled to a review in the Circuit Court of Appeals by petition under § 24b.</p> <p>Under § 24b, questions of law only are taken to the Circuit Court of Appeals, while under § 25 controversies of fact as well as of law are taken to that court, with findings of fact to be made therein if the case is to be taken to this court. In re Mueller, 135 Fed. Rep. 711, approved.</p>