Pindel v. Holgate

Citations

• 221 F. 342
• 137 C.C.A. 158
• 1915 U.S. App. LEXIS 1335

Syllabus

<p>1. Bankruptcy <@=>440—Appeal ok Revision as Pkopek Remedy.</p> <p>Under Bankr. Act July 1, 1898, c. 541, § 25 (3), 30 Stat. 553 (Comp. St. 1913, § 9609), authorizing appeals as in equity cases from a judgment allowing or rejecting a debt or claim of $500 or over, an order allowing such a claim was not reviewable by a petition to revise, as each method of procedure for the review of orders in bankruptcy is exclusive of the other.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 915; Dec. Dig. <@=>440.]</p> <p>2. Bankruptcy <@=>439—Appeal ok Revision as Pkopek Remedy.</p> <p>Under Bankr. Act, § 24b (Comp. St. 1913, § 9608), providing that the several Circuit Courts of Appeal shall have jurisdiction to superintend and revise in matters of law the proceedings of the several inferior courts-of bankruptcy within their jurisdiction, an order confirming the sale of the land of a bankrupt in which he had a homestead interest was properly reviewable in matters of law by a petition to revise.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 915; Dee. Dig. <@=>439.]</p> <p>3. Bankruptcy <@=>446—Review oe Proceedings—Scope oe Review.</p> <p>Though an order allowing a claim was not, standing alone, reviewable on.a petition to revise, where there was only one other small claim, and the necessity for a sale of land in which the bankrupt had a homestead interest depended mainly upon the validity of the claim in question, the allowance of such claim would be reviewed on a petition to revise the order confirming a sale of the homestead.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent Dig. § 929; Dec. Dig. <@=>446.</p> <p>Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9.]</p> <p>4. Bankruptcy <@=>326.—Claims—Counterclaims—Estoppel.</p> <p>A voluntary bankrupt in his schedules listed the claim of a bank based upon a judgment without mentioning any offset, and stated that he held no unliquidated claims or choses in ac