218 U.S. 299 (1910), 29, Duryea Power Co. v. Sternbergh

Docket Nº:No. 29
Citation:218 U.S. 299, 31 S.Ct. 25, 54 L.Ed. 1047
Party Name:Duryea Power Co. v. Sternbergh
Case Date:November 14, 1910
Court:United States Supreme Court

Page 299

218 U.S. 299 (1910)

31 S.Ct. 25, 54 L.Ed. 1047

Duryea Power Co.



No. 29

United States Supreme Court

November 14, 1910

Argued November 2, 1910




Section 25b of the Bankruptcy Law only gives a right of appeal to this Court from a decision of the circuit court of appeals affirming or reversing the order of the district court, allowing or rejecting a claim when the decision is final, whether there is a certificate under § 25b, 2 or not. A decision simply allowing or disallowing a claim for voting purposes without prejudice to its subsequent presentation is not final, but provisional.

No appeal lies to this Court from a decision of the circuit court of appeals in the exercise of supervisory jurisdiction in bankruptcy matters. Nor can a petition for revision to that court be turned into an appeal.

A petition for revision opens only questions of law, while an appeal opens both fact and law.

Appeal from 161 F. 540 dismissed.

The facts, which involve the construction of certain provisions of the Bankruptcy Law and the jurisdiction of this Court of appeals from the circuit court of appeals, are stated in the opinion.

Page 300

HOLMES, J., lead opinion

MR. JUSTICE HOLMES delivered the opinion of the Court.

This case arose on a controversy as to the right of the appellee, Sternbergh, to vote on the selection of a trustee in bankruptcy. At the first meeting of the creditors, Sternbergh offered for allowance a proof of claim for $14,438.86, which was objected to on the ground that Sternbergh was indebted to the bankrupt company for unpaid stock. Sternbergh announced that he intended to [31 S.Ct. 26] use this claim for voting purposes. After a hearing, the referee refused to allow the claim for use in the election, and certified the facts, as Sternbergh's vote, if allowed, would have elected a different trustee. The district judge stated the question to be whether the referee was right in rejecting the claimant's offer to vote, and that it did not involve the extent, but only the fact, of Sternbergh's liability, and he affirmed the action of the referee. Thereupon Sternbergh filed a petition to the circuit court of appeals, seeking a revision of the decree in matter of law under § 24b of the Bankruptcy Law. That court, remarking that the facts were not in dispute, proceeded to discuss their significance and effect, and reversed the decree, but allowed the selection of trustee to stand, as no allegation was made against him. The bankrupt, through the trustee, appealed to this Court,...

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