Mitchell Store Building Co. v. Carroll

Citations

• 232 U.S. 379
• 34 S. Ct. 410
• 58 L. Ed. 650
• 1914 U.S. LEXIS 1367

Syllabus

<p>Section 24a of the Bankruptcy Act provides for appeals in controversies arising in bankruptcy proceedings and controls a proceeding brought by the trustee to restrain a landlord from prosecuting a suit for rent in the state court. In such a case the appeal takes the course prescribed in the Circuit Court of Appeals Act of 1891. Although a case taken to the Circuit Court of Appeals under § 7 of the act of 1891 is not one of the class made final by § 6 of that act, the jurisdiction of this court -under § 6 relates solely to final orders of the District Court reviewed by the Circuit Court of Appeals.</p> <p>An interlocutory decree of the District Court granting a temporary injunction against prosecuting a suit in the state court, is not a final order, and from the judgment of the Circuit Court of Appeals affirming it there is no appeal to this court.</p> <p>This court cannot entertain an appeal from a judgment of the Circuit Court of Appeals upon a petition to revise under §.24b of the Bankruptcy Act.</p>