Rode & Horn v. Phipps

Citations

• 195 F. 414
• 115 C.C.A. 316
• 1912 U.S. App. LEXIS 1386

Syllabus

<p>1. Bankruptcy (§ 461*)—Appeal—Time for Taking.</p> <p>The right of appeal under Bankr. Act July 1, 1898, c. 541, § 25a, 30 Stat. 553 (U. S. Comp. St. 1901, p. 3432), once lost by a failure to appeal within the ten days allowed, cannot be revived by a petition for a rehearing.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 920-923; Dec. Dig. § 461.*]</p> <p>2. Bankruptcy (§ 455*)—Appeal—Controversy Arising in Bankruptcy Proceeding.</p> <p>A hearing in a bankruptcy court on a petition by an adverse claimant who asserts delivery by the bankrupt to him, coupled with possession, of property included in the bankrupt’s schedules, as to part of which property claimant alleges ownership, and ás to all of which he claims right of possession, is a controversy arising in a bankruptcy proceeding; and the fact that the petition also sets up'the claim of the petitioner as a creditor, as dependent on the determination of his claim to the property, and raises' questions of priority between him and other creditors, does not. deprive him of the right to appeal from an adverse decision on his claim of ownership under Bankr. Act July I, 1898, c. 541, § 24a, 30 Stat. 553 (U. S. Comp. St. 1901, p. 3431).</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 916; Dee. Dig. § 455.*]</p> <p>3. Bankruptcy (§ 449*)—Appellate Proceedings—Mode of Review.</p> <p>A final order of a court of bankruptcy on tbe intervening petition of an adverse claimant of property, not distinctly brought on either the law or equity side of the court, may be reviewed under Bankr. Act July 1, 1898, e. 541, § 24a, 30 Stat. 553 (U. S. Comp. St. 1901, p. 3431), by appeal, even though the questions at issue are such as can be considered in a court of law. When review is desired only on one or more legal questions arising under such proceeding in intervention, writ of error is appropriate for the purpose. On appeal, the review may extend to questions of fact, while on writ of error only ques