Knapp v. Milwaukee Trust Co.

• Decision Date: 14 April 1908
• Docket Number: 1,425.,1,422
• Citation: 162 F. 675
• Parties: KNAPP et al. v. MILWAUKEE TRUST CO. et al.
• Court: U.S. Court of Appeals — Seventh Circuit

162 F. 675

KNAPP et al. v. MILWAUKEE TRUST CO. et al.

Nos. 1,422, 1,425.

United States Court of Appeals, Seventh Circuit.

April 14, 1908

Rehearing denied June 4, 1908.

Mark Breeden, Jr., for appellants.

A. W Fairchild, for appellees.

Before BAKER, SEAMAN, and KOHLSAAT, Circuit Judges.

PER CURIAM.

On petition of creditors the Standard Telephone & Electric Company was adjudged a bankrupt. Knapp, on coming into court to answer the trustee's petition to sell, claimed chattel mortgage liens on part of the estate in the hands of the trustee. The trustee contended that the chattel mortgages were void, and the court so found. Knapp has appealed, and has also filed a petition to review and revise. The petition is dismissed, as the matter is properly reviewable on appeal.

The mortgages were clearly void for the reasons set forth at large in the opinion of the district judge. In re Standard Telephone & Electric Co. (D.C.) 157 F. 106.

Appellant insists that the decree in this litigation between him and the trustee must be held void on account of alleged defects in the petition and proofs on which the adjudication of bankruptcy was made. No challenge of the trustee's capacity was made before or during the trial in the court below, and so no ruling was made which appellant can bring before us for review. He claims, however, that it is a question of want of jurisdiction in the District Court. The only want of jurisdiction which appellant would have the right to require us to look into would be the District Court's want of jurisdiction to render the decree appealed from. This decree is of the class the District Court has authority to enter. The parties to this decree are of the class the District Court has authority to hear. The District Court's jurisdiction to enter this decree was no more dependent than a state court's would have been, upon the rightful appointment of the trustee.

The decree is affirmed.

On Rehearing.

No matters are presented in the petition for a rehearing that were not fully considered on the original hearing, and the petition is therefore denied.

The appellant has petitioned that, in the event a rehearing is denied, this court will prepare a special finding of facts and thereupon state its conclusions of law in order that appellant may prosecute an appeal from this court to the Supreme Court of the United States.

Sections 2 and 3 of Order 36 of the General Orders in Bankruptcy (89 F. xxxvi, 32 C.C.A. xxxvi), promulgated by the Supreme Court read as follows:

'Sec 2. Appeals under the act to the Supreme Court of the United States from a Circuit Court of Appeals, or from the Supreme Court of a territory, or from the Supreme Court of the District of Columbia, or from any court of bankruptcy whatever, shall be taken within thirty days after the judgment or decree, and shall be allowed by a judge of the court appealed from, or by a justice of the Supreme Court of the United States.

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