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Weidhorn v. Levy, 253 U.S. 268 (1920)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Weidhorn v. Levy, 253 U.S. 268 (1920)
Weidhorn v. Levy No. 203 Argued January 28, 29, 1920 Decided June 1, 1920 253 U.S. 268
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT
Syllabus
A referee in bankruptcy is not a separate court, nor endowed with any independent judicial authority, but merely an officer of the court of bankruptcy, having no power except as conferred by the order of reference, read in the light of the act, and whose judicial functions are subject always to the review of the bankruptcy court. P. 271.
Under the Bankruptcy Act and the general orders in bankruptcy, a referee, by virtue of a general reference under Order XII(1), has not jurisdiction over a plenary suit in equity brought by the trustee in bankruptcy against a third party to set aside a fraudulent transfer or conveyance under § 70e, and affecting property not in the custody or control of the court of bankruptcy. Pp. 270-274.
A decree of the district court vacating a decree made by the referee in such a suit and dismissing the bill upon the ground that the referee exceeded his powers under the order of reference is reviewable in the circuit court of appeal by petition to revise under § 24b of the act. P. 269.
253 F. 28 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Weidhorn v. Levy, 253 U.S. 268 (1920) in 253 U.S. 268 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=DVGHHP9S1JZMZUU.
MLA: U.S. Supreme Court. "Syllabus." Weidhorn v. Levy, 253 U.S. 268 (1920), in 253 U.S. 268, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DVGHHP9S1JZMZUU.
Harvard: U.S. Supreme Court, 'Syllabus' in Weidhorn v. Levy, 253 U.S. 268 (1920). cited in 1920, 253 U.S. 268. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=DVGHHP9S1JZMZUU.
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