In re Craig Lumber Co.
| Decision Date | 06 July 1920 |
| Docket Number | 3468. |
| Citation | 266 F. 692 |
| Parties | In re CRAIG LUMBER CO. v. MacDONALD-WIEST LOGGING CO. COBB |
| Court | U.S. Court of Appeals — Ninth Circuit |
J. H Cobb, of Juneau, Alaska, for petitioner.
John Rustgard, of Juneau, Alaska, Thomas R. White, of San Francisco, Cal., and Arthur I. Moulton, of Portland, Or., for respondent.
Before GILBERT, ROSS, and HUNT, Circuit Judges.
This matter is brought to this court upon a petition for a revision and review of an order of the District Court for Alaska, reversing a decision of the referee in bankruptcy and remanding the matter for further proceedings.
The Craig Lumber Company was adjudged a bankrupt. The MacDonald-Wiest Logging Company, a Washington corporation filed a claim for $27,871.50 and interest against the estate of the bankrupt. The trustee objected, and contended that the claim was not provable in bankruptcy, for the reason that the claim was for sums alleged to be due under a contract between the claimant and the bankrupt made and to be performed in Alaska, and that at the time of the making of the contract, and thereafter, the claimant had not complied with the laws of Alaska governing foreign corporations doing business in Alaska, and that the contract made the basis of the claim was void. The referee held that the claim was not provable in bankruptcy, and disallowed the claim; but the District Court, upon a petition for review, reversed the decision of the referee and remanded the matter. The respondent moved this court for the dismissal of the petition for revision for lack of jurisdiction, and makes the point that the sole and exclusive remedy of the petitioner was by appeal under the provisions of section 25 of the Bankruptcy Act, and that, inasmuch as more than 10 days elapsed after the making of the order of reversal by the District Court, jurisdiction was lost.
Petition for revision was brought under the provisions of section 24b of the Bankruptcy Act (Comp. St. Sec. 9608), under which the Circuit Court of Appeals is given appellate jurisdiction to revise in matter of law the proceedings of a court of bankruptcy. Under section 25a (section 9609) appeal, as in equity, may be taken to the Circuit Court of Appeals 'from a judgment allowing or rejecting a debt or claim of five hundred dollars or over. ' Such appeal must be taken within 10 days after the judgment appealed from has been rendered. Section 25a, Bankruptcy Act.
In the Matter of Loving, 224 U.S. 183, 32 Sup.Ct. 446 56 L.Ed. 725, the Supreme Court held that under section 24b the Circuit Court of Appeals has authority to superintend and revise any matters of law in proceedings of the inferior cour...
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In re B. & R. Glove Corporation, 51.
... ... 183, 187, 32 Sup.Ct. 446, ... 56 L.Ed. 725; Coder v. Arts, 213 U.S. 223, 29 ... Sup.Ct. 436, 53 L.Ed. 772, 16 Ann.Cas. 1008; In re Craig ... Lumber Co. (C.C.A.) 266 F. 692; Youtsey v ... Nizwonger, 258 F. 16, 18, 169 C.C.A. 154; In re ... Engine Co., 249 F. 633, 161 C.C.A ... ...
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In re Eilers Music House
...the petition for revision is well taken and must be sustained. In re Loving, 224 U.S. 183, 32 Sup.Ct. 446, 56 L.Ed. 725; In re Craig Lumber Co. (C.C.A.) 266 F. 692. We carefully considered the whole case upon the issues of fact and law, and have regarded it as properly before us by appeal, ......
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Chappell v. Brainard
...by appeal under section 25 a review by petition under section 24b." See, also, In re Mueller, 135 F. 711, 68 C. C. A. 349; In re Craig Lumber Co. (C. C. A.) 266 F. 692. The petitioner has a remedy by appeal, under section 25 of the Bankruptcy Act (Comp. St. § 9609), from the final order rej......