Harrison Securities Co. v. Spinks Realty Co.

The petition for the allowance of the appeal herein was granted by the District Judge.' The appellee moves to dismiss the appeal because it was not allowed by this court, as required by Bankruptcy Act, § 24b, as amended, U.S.C.A. § 48(b), for an appeal from a proceeding in bankruptcy. The appellant claims that the appeal is from a controversy in bankruptcy, and hence properly allowed by the District Judge. The order appealed from is dated April 10, 1937, and dissolves an injunction issued in a bankruptcy proceeding begun under section 77B of the Bankruptcy Act, as amended, 11 U.S.C.A. § 207 . The injunction which was dissolved enjoined the Spinks Realty Company from enforcing a judgment of the state court in an unlawful detainer action affecting the principle asset of the bankrupt. The injunction granted was one for the protection of the jurisdiction of the bankruptcy court as against the action of the state court. It was clearly a proceeding in bankruptcy designed to prevent outside interference with the assets of the bankrupt. It did not decide those rights either by the order of injunction or by the order dissolving it. The only controversy involved was as to the right of…