U.S. Court of Appeals for the Second Circuit, 1928

Hatch v. Morosco Holding Co.

Hatch v. Morosco Holding Co.
U.S. Court of Appeals for the Second Circuit · Decided May 7, 1928 · Hand, Swan
26 F.2d 247; 1928 U.S. App. LEXIS 3652 (Federal Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.