Ogden v. Gilt Edge Consol. Mines Co.

Citations

• 225 F. 723
• 140 C.C.A. 597
• 1915 U.S. App. LEXIS 2138

Syllabus

<p>1. Bankruptcy ©=>141—Petition to Bevise Order-—Statutf—“Proceeding in Bankruptcy”—“Controversy Arising in Bankruptcy Proceedings.”</p> <p>Under Bankr. Act July 1, 1898, c. 541, §§ 24b, 25al, 30 Stat. 553 (Comp. St. 19.13, §§ 9808, 9609), providing that appeals, as in equity cases may be taken in bankruptcy proceedings from a judgment adjudging or refusing to adjudge the defendant a bankrupt, and giving Circuit Court of Appeals jurisdiction to revise in matters of law the proceedings of courts of bankruptcy, an order of a District Court in bankruptcy refusing to grant leave to intervene to stockholders of defendant corporation to contest the grounds upon which an adjudication in involuntary bankruptcy was sought could be reviewed by the Circuit Court of Appeals on a petition to revise; suc-h a proceeding not being to review an adjudication in bankruptcy, but a “proceeding in bankruptcy” as distinguished from a “controversy arising in bankruptcy proceedings.”</p> <p>[Ed. Note.—Eor other cases, see Bankruptcy, Cent. Dig. § 914; Dec. Dig. ©¿>111.</p> <p>Eor other definitions, see Words and Phrases, First and Second Series, Controversy arising in bankruptcy proceedings; Bankruptcy proceedings.]</p> <p><gz=oFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>2. Bankruptcy <@=>440—Appeals—Statute.</p> <p>The only cases in which an appeal can be taken in bankruptcy proceedings' ara those mentioned in Bankr. Act, § 25a, providing for appeals from a judgment adjudging or refusing to adjudge defendant a bankrupt, from a judgment granting or denying discharge, and from a judgment allowing or rejecting a claim of $500 or over.</p> <p>. [Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 915; Dec. Dig. <@=>440.]</p> <p>3. Bankruptcy <@=>88—Involuntary Proceedings—Answer—Verification —Sufficiency.</p> <p>Where the answer denying insolvency, filed by stockholders of a corporation defendant in. bankruptcy petitioning for leave to interven