Tefft, Weller & Co. v. Munsuri

Citations

• 222 U.S. 114
• 32 S. Ct. 67
• 56 L. Ed. 118
• 1911 U.S. LEXIS 1830

Syllabus

<p>There is no appeal to this court from an order disallowing a claim made by the District Court of the United States for Porto Rico sitting as the bankruptcy court.</p> <p>The express provisions in § 25 of the Bankruptcy Act for the exercise of appellate jurisdiction by implication exclude the right to exercise jurisdiction over a subject not delegated by that or some other statute.</p> <p>An order of the bankruptcy court disallowing a claim is a step in the proceeding, and not a controversy arising in the proceeding within the meaning of § 24a. Coder v. Arts, 213 U-d3. 234; Hemt v. Berlin Machine Works, 194 U. S. 296.</p> <p>The fact that no method of review is prescribed by the statute in certain cases does not justify this court in disregarding the statute and assuming jurisdiction where none exists.</p> <p>That this court has assumed jurisdiction in a case in which its jurisdiction passed unchallenged is not controlling in a subsequent case when the jurisdiction is challenged. Armstrong v. Fernandez, 208 U. S. ,324, qualified and limited.</p> <p>The provisions for review of judgment of the District Court of the United States for Porto Rico in § 35 of the Act of April 12, 1900, 31 Stat. 85, c. 191, do not affect the exclusive modes of review specifically provided for in the Bankruptcy Act.</p>