Ebbert

Appellees, trustees in bankruptcy, began proceedings before the referee in bankruptcy to determine title to certain property claimed by appellants. Appellants appeared specially to object to the jurisdiction of the court to determine this question in summary proceedings. Appellants’ objection was sustained by the referee, but was overruled on review by the district court, and appellants were permitted to plead to the merits. From that order of the district court this appeal is taken. Appellees now move, to dismiss the appeal on the ground that the order is non-appealable. No hearing has been had on the merits of the case.

Section 24, sub. a of the Bankruptcy Act, 11 U.S.C.A. § 47 , sub. a, provides that appellate courts have appellate jurisdiction “in proceedings in bankruptcy, either interlocutory or final, and in controversies arising in proceedings in bankruptcy * * Hence, an appeal may be entertained in a “proceeding” in bankruptcy whether or not the order appealed from is final, but, as is well settled, an appeal may be taken from an order in a “controversy arising in proceedings in bankruptcy” only where the order is final. The reason for this distinction is to be found in…