In re the Bankruptcy of the American Copper Co.
In re the Bankruptcy of the American Copper Co.
Opinion of the Court
— On February 7, 1905, upon an involuntary petition filed by certain creditors named in the citation, the American Copper Company was adjudged a bankrupt in the court below. ' Thereafter, and on March 25, 1905, Benjamin Blanchard and the Howell Mining Company filed a petition in the court below, praying that the judgment theretofore
The appellees, the creditors named in the origina] citation, have filed motions in this court to dismiss the appeal and the petition for review for want of jurisdiction in this court to entertain them. The jurisdiction of this court to review by appeal proceedings in bankruptcy is prescribed and limited by section 25a of the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 553 [U. S. Comp. Stats. 1901, p. 3432]), which provides as follows: “See. 25a. That appeals, as in equity cases, may be taken in bankruptcy proceedings from the courts of bankruptcy to the circuit court of appeals of the United States, and to the supreme court of the territories, in the following cases, to wit, (1) from a judgment adjudging or refusing to adjudge the defendant a bankrupt; (2) from a judgment granting or denying a discharge; and (3) from a judgment allowing or rejecting a debt or claim of five hundred dollars or over. Such appeal shall be taken within ten days after the judgment appealed from has been rendered, and may be heard and determined by the appellate court in term or vacation, as the ease may be.” The appeal in this instance is an appeal from an order of the district court denying the right of the petitioners to intervene, and denying the application to set aside the adjudication in bankruptcy, and not an appeal from the judgment of bankruptcy itself. It does not fall within any of the eases embraced in section 25a, and the order of the district court complained of is not the subject of review by this court upon appeal. In re McCasland and Leftwich, 16 Okl. 499, 85 Pac. 1118; In re Ives, 113 Fed. 911, 51 C. C. A. 541.
The motions to dismiss the appeal and the petition for review, for want of jurisdiction in this court to entertain them, are granted, and it is so ordered.
DOAN, CAMPBELL and NAVE, JJ., concur.
Reference
- Full Case Name
- In the Matter of the Bankruptcy of the AMERICAN COPPER COMPANY. BENJAMIN BLANCHARD, and
- Cited By
- 2 cases
- Status
- Published