Conboy v. First National Bank, 203 U.S. 141 (1906)

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Conboy v. First National Bank of Jersey City

No. 54

Argued October 23, 1906
Decided November 19, 1906
203 U.S. 141

APPEAL FROM THE CIRCUIT COURT OF

APPEALS FOR THE SECOND CIRCUIT

Syllabus

Congress having provided by § 25b of the Bankruptcy Act that appeals may be had under such rules and within such time as may be prescribed by this Court, the thirty-day limitations in General Order in Bankruptcy XXXVI has the same effect as if written in the statute and the allowance of an appeal taken thereafter on certificate by a Justice of this Court from the circuit court of appeals cannot operate as an adjudication that it is taken in time.

The time within which an appeal may be taken under § 25b of the Bankruptcy Act and General Order in Bankruptcy XXXVI runs from the entry of the original judgment or decree and when expired is not revived by a petition for rehearing. Appeals do not lie from orders denying petitions for rehearing which are addressed to the discretion of the court to afford it an opportunity to correct its own errors.

The time for appeal cannot, after it has expired, be extended by an application for rehearing or arrested by an order of the court, even though the application be made during the same term at which judgment was entered.

Appeal from 135 F. 77 dismissed.

The facts are stated in the opinion.