Sullivan v. Goldman
Sullivan v. Goldman
Opinion of the Court
delivered the opinion of the Court:
Appellee Aaron Goldman, moves to dismiss this appeal, taken
Section 24 of the bankrutcy act of July 1, 1898, [30 Stat. at L. 553, chap. 541, U. S. Comp. Stat. 1901, p. 3431], provides that the Supreme Court of the United States, the circuit courts of appeals, and the supreme courts of the territories, “are hereby invested with appellate jurisdiction of controversies arising in bankruptcy proceedings from the courts of bankruptcy from which they have appellate jurisdiction in other cases. The Supreme Court of the United States shall exercise a like jurisdiction from courts of bankruptcy not within any organized circuit of the United States, and from the supreme court of the District of Columbia.” Section 24b confers upon the several circuit courts of appeal jurisdiction in equity, either interlocutory or final, to superintend and revise in matter of law the proceedings of the several inferior courts of bankruptcy within their jurisdiction.
Section 25 makes further provisions for appeals from the courts of bankruptcy to the circuit court of appeals, and the supreme court of territories in certain classes of cases named in 25 a. 25b provides for an appeal to the Supreme Court of the United States from any final decision of a court of appeals, under rules and regulations to be prescribed by the Supreme Court of the United States, in certain specified cases. 25d provides that controversies may be certified to the Supreme Court of the United States, and that the said court may issue writs of certiorari pursuant to the provisions of the laws then in force, or hereafter to be enacted. No appellate jurisdiction was conferred by these sections upon the court of appeals of the District of Columbia; and this is the first appeal that has ever been taken to that court' since the law went into effect. This want of jurisdiction in the court of appeals was recognized by the Supreme Court of the United States in prescribing the rules authorized by the bankruptcy act. See Rule 36.
Another reason for denying the repeal by implication is this: The bankruptcy act is a general law of the United States operating throughout the States and organized territor
That Congress did not regard the provisions of the bankruptcy act as affected by the section of the Code, is shown in section 252 of the new Judiciary Code, approved March 3, 1911 [36 Stat. at L. 1159, chap. 231], which reads as. follows: “The Supreme Court of the United .States is hereby invested with appellate jurisdiction of controversies arising in bankruptcy proceedings, from the courts of bankruptcy, from which it has appellate jurisdiction in other cases; and shall exercise a like jurisdiction from courts of bankruptcy not within any organized circuit of the United States and from the supreme court of the District of Columbia.” This is a substantial re-enactment of section 24 of the bankruptcy act.
Our attention has been called to several decisions of the Supreme Court of the United States interpreting the several provisions of sections 24, 25, 25a, and 25b, in their bearing upon the appellate jurisdiction of that court. Tefft, W. & Co. v. Munsuri, Dec. 4, 1912, Advance Sheets U. S. S. C. Reporter January 15, 1912 [222 U. S. 114, 56 L. ed. —, 32 Sup. Ct. Rep. 67]. See cases therein cited. We perceive nothing in these cases affecting the question before us.
Convinced that this court has no appellate jurisdiction over the supreme court of the District sitting as a court of bankruptcy, we are constrained to dismiss the appeal, without costs. Dismissed.
On February 1st, 1912, the appellant filed a petition, reciting that the referee in bankruptcy had certified to the supreme court of the District of Columbia facts showing the bankrupt was in contempt of court .for failure to obey a previous order of the referee requiring him to pay over to the trustee a sum of money as concealed assets; and that that court had
On March 12, 1912, this court denied the petition,
delivering the opinion:
For reasons stated in the opinion on the motion to dismisa in this case for want of jurisdiction, this petition is denied.
Reference
- Full Case Name
- SULLIVAN v. GOLDMAN
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- Syllabus
- Statutes; Appeal and Errob; Bankruptcy. 1. A general statute without negative words will not repeal the particular provisions of a former statute, unless the two are irreconcilably inconsistent. (Following United States v. Sampson, 19 App. D. C. 419.) 2. An appeal does not lie to this court from an order of the supreme court of the District of Columbia, sitting as a bankruptcy court, as sec. 226 D. C. Code [31 Stat. at L. 1225, chap. 854] (which repeats the provisions of sec. 7 of the act of Congress of February 9, 1893, 27 Stat. at L. 435, chap. 74, creating this court), giving the right of appeal to this court from any final order, judgment, or decree of that court, did not have the effect of repealing secs. 24 and 25 of the Bankruptcy act of Congress of July 1, 1898 (30 Stat. at L. 553, chap. 541, U. S. Comp. Stat. 1901, pp. 3431, 3432), giving the Supreme Court of the United States appellate jurisdiction over bankruptcy courts, including the supreme court of the District of Columbia; nor has this court jurisdiction to review such an order on the application of the party claiming to be aggrieved thereby; and such an appeal will be dismissed on motion, and such an application will be denied. (Citing United States v. Sampson, supra.)