Hatch v. Morosco Holding Co.

U.S. Court of Appeals for the Second Circuit
Hatch v. Morosco Holding Co., 26 F.2d 247 (2d Cir. 1928)
1928 U.S. App. LEXIS 3652

Hatch v. Morosco Holding Co.

Opinion of the Court

PER CURIAM.

A majority of the court, as it is now constituted, think that our first decision impairs the jurisdiction of the District Court over assets already in its custody when the judgment of the state court was entered. They believe that the liquidation of claims is a part of the distribution of the estate, since it determines how much each creditor shall get, and that the distribution of the estate is part of what is usually understood as jurisdiction over the res. However, the former decision was reached after unusual deliberation and full presentation of all the questions involved. If it is to be changed, only the Supreme Court may do so; in the same ease and on the same claim the first ruling must stand.

Order affirmed.

Reference

Full Case Name
HATCH v. MOROSCO HOLDING CO., Inc. Ex parte MARGOLIES
Cited By
2 cases
Status
Published