Stuart v. Britton Lumber Co.
Opinion of the Court
In the bankruptcy of Campbell, the appellee, on citation from the referee, filed in the bankruptcy court the proof of its claim in proper form for the sum of $2,603.59; the same being for lumber furnished said bankrupt and used in building some 29 houses
A motion to dismiss is made, on the ground that an appeal is not a proper remedy for reviewing the action in the lower court in allowing the liens; no question being raised on the review as to the indebtedness itself, and no one of the specific liens amounting to $500. We consider that the claim presented by the appellee was one for $2,603.59, with specific liens as security for the same, and that claim was allowed, and therefore that the'case was properly appealable to this court. On the merits we think the case is clearly with the appellee, and we find none of the assignments of error well taken.
Affirmed.
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Reference
- Full Case Name
- STUART v. BRITTON LUMBER CO. In re CAMPBELL
- Cited By
- 1 case
- Status
- Published