Viquesney v. Allen

Citations

• 131 F. 21
• 65 C.C.A. 259
• 1904 U.S. App. LEXIS 4258

Syllabus

<p>1. Appeal — Judgment—Demurrer.</p> <p>AVhere an order sustaining a demurrer to a bill for want of jurisdiction was in favor of appellants, who appealed from other orders and a final decree, appellee could not object that the Circuit Court of Appeals had no jurisdiction of the appeal, on the ground that the question of jurisdiction could only be reviewed by the Supreme Court.</p> <p>2. Same — Final Decree.</p> <p>Where a bill in equity was dismissed, and an order entered discharging a receiver and providing for the payment of costs, every question having been disposed of in so far as the trial court was concerned, it was a final decree, and therefore appealable.</p> <p>3. Fraudulent Conveyances — Equity—Simple-Contract Creditor — Right to Sue.</p> <p>A simple-contract creditor cannot maintain a bill in equity in the federal Circuit Court to set aside fraudulent conveyances of his debtor’s property, and to have the same administered by a receiver.</p> <p>4. Same — Bankrupt Act — Construction.</p> <p>Bankr. Act, § 23a (Act July 1, 1898, c. 541, 30 Stat. 552, 553 [U. S. Comp. St. 1901, p. 3431]), providing that suits may be prosecuted in the federal or state courts to determine adverse claims to the property of the bankrupt, and section 23b, xaroviding that suits by a trustee in bankruptcy shall only be brought or prosecuted in the courts where the bankrupt whose estate is being administered by such trustee might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, relate only to suits brought by trustees in bankruptcy, and do not authorize the maintenance of a bill by a simple-contract creditor to set aside alleged fraudulent conveyances in aid of a bankruptcy proceeding against the grantor.</p> <p>¶ 2. AVhat decrees are final, see note to Brush Electric Co. v. Electric Imp. Co. of San Jose, 2 C. C. A. 379.</p>