Opinion

In re Harvey

  • 97 F.2d 918
  • 1938 U.S. App. LEXIS 3896
Court
Court of Appeals for the Second Circuit
Filed
Jun 20, 1938
Status
Published
Cited by
0 cases
Authority
More cited than 16.2%

The opinion

PER CURIAM.

We are without jurisdiction to hear this appeal from the order entered December 2, 1937. The jurisdiction of this court on appeals involving bankruptcy under § 75 (n), 11 U.S.C.A. § 203 (n), is the same as if a voluntary petition had been filed and an adjudication entered. An adjudication was entered on the day of filing the petition. The court below by its order of December 2, 1937 vacated the adjudication. This was reviewable only on a petition to revise, not by appeal. In re DeCamp Casket Co., 6 Cir., 272 F. 558 , certiorari denied Hamilton v. DeCamp Co., 256 U.S. 703 , 41 S.Ct. 624 , 65 L.Ed. 1179 ; Michigan Garage, etc., Co. v. Drury, 6 Cir., 31 F.2d 434 . Moreover, the appeal from this order was not taken within 30 days. In re Brown, 2 Cir., 174 F. 339 . The order of February 3, 1938 denied an application to vacate the order vacating the adjudication. This is appealable under § 24b of the Bankruptcy Act, 11 U.S.C.A. § 47 (b), and leave must be obtained therefor. Conboy v. First Nat. Bank of J. C., 203 U.S. 141 , 27 S.Ct. 50 , 51 L.Ed. 128 . No leave to appeal was obtained from this court.

Appeal dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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