Bothwell

Bothwell v. Fitzgerald

Good Law
135 C.C.A. 212·219 F. 408·1915 U.S. App. LEXIS 1636
United States Court of Appeals for the Ninth CircuitJanuary 4, 1915No. 2431California1,953 words

Opinion

lead Opinion

Morrow, J.

(after stating the facts as above). [1] This case comes here by appeal, and also upon a petition for revision. The assignment of errors indicates that the appeal is taken under section 24a of the Bankruptcy Act. The petition for revision is under section 24b of that act. As each of these methods of procedure is exclusive of the other (In the Matter of Loving, 224 U. S. 183 , 32 Sup. Ct. 446, 56 L. Ed. 725 ; In re Mueller, 135 Fed. 711 , 68 C. C. A. 349 ), we must determine which of the two methods this court is authorized to entertain.

[2] We are of the opinion that the question at issue is a controversy arising in bankruptcy proceedings, and comes here for review under section 24a of the Bankruptcy Act. Hewit v. Berlin Machine Works, 194 U. S. 296 , 24 Sup. Ct. 690, 48 L. Ed. 986 ; Coder v. Arts, 213 U. S. 223 , 29 Sup. Ct. 436, 53 L. Ed. 772 , 16 Ann. Cas. 1008: Mitchell Store Building Co. v. Carroll, 232 U. S. 379 , 34 Sup. Ct. 410, 58 L. Ed. 650 . In such case the appeal takes the course prescribed in the act establishing the Circuit Court of Appeals (Act March 3, 1891, c. 517, 26 Stat. 826 ; Mitchell Building Co. v. Carroll, supra). Section 7 of that act (section 129 of the…

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