Tefft, Weller & Co. v. Munsuri, 222 U.S. 114 (1911)

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Tefft, Weller & Co. v. Munsuri

No. 22

Argued October 30, 31, 1911
Decided December 4, 1911
222 U.S. 114

APPEAL FROM THE DISTRICT COURT

OF THE UNITED STATES FOR PORTO RICO

Syllabus

There is no appeal to this Court from an order disallowing a claim made by the District Court of the United States for Porto Rico sitting as the bankruptcy court.

The express provisions in § 25 of the Bankruptcy Act for the exercise of appellate jurisdiction by implication exclude the right to exercise jurisdiction over a subject not delegated by that or some other statute.

An order of the bankruptcy court disallowing a claim is a step in the proceeding, and not a controversy arising in the proceeding within the meaning of § 24a. Coder v. Arts, 213 U.S. 234; Hewit v. Berlin Machine Works, 194 U.S. 296.

The fact that no method of review is prescribed by the statute in certain cases does not justify this Court in disregarding the statute and assuming jurisdiction where none exists.

That this Court has assumed jurisdiction in a case in which its jurisdiction passed unchallenged is not controlling in a subsequent case when the jurisdiction is challenged. Armstrong v. Fernandez, 208 U.S. 324, qualified and limited.

The provisions for review of judgment of the District Court of the United States for Porto Rico in § 35 of the Act of April 12, 1900, 31 Stat. 85, c. 191, do not affect the exclusive modes of review specifically provided for in the Bankruptcy Act.

The facts, which involve the jurisdiction of this Court of appeals under the Bankruptcy Act, are stated in the opinion.