Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit (Volume 14) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1879 Excerpt: ... Fellows v. Burnap. the whole subject thus fully spread before it, and the question of the scope and effect of the decision in the Stockwell case thus fairly and formally presented, struck out from this proposed section all that was incorporated into it from the Act of 1823, and left in 3082 of the Revised Statutes only the provisions of the Act of 1866, with slight verbal alterations. Upon the other sets of counts I do not think it necessary to add anything. The judgment nrast be affirmed. Geobge A. Fellows vs. TJzZIAH C. BlTKNAP, ASSIGNEE IN BANKRUF1CY OF Feancis Many And James Marshall. The filing in this Court, under General Order No. 26 in Bankruptcy, by a cred. itor in bankruptcy, of an appeal from a decision rejecting his claim, and of a statement of his claim, within ten days after giving notice of his intention to enter his appeal, ore not jurisdictional requisites, and, if the requirements of 4981 of the Revised Statutes in regard to the notice and bond on such appeal arc complied with, this Court has power to relieve the creditor from any consequences of not filing such an appeal and statement within such ten days. Before Johnson, J., Southern District of New York, November 29th, 1876.) Johnson, J. This is a motion to dismiss the appeal of an alleged creditor of a bankrupt from a decision of the District Court expunging his claim as against the joint estate of the bankrupts, but allowing it to stand as against their separate estates. The order embodying this decision was entered June 21st, 1876. Under the statute, Rev. Stat., sec. 4981, ) the creditor had ten days in which to take certain necessary steps in compliance with the requirements of that section, to effect an appeal. The statute is very specific and peremptory in reFellows v...