Calnan Co. v. Doherty, 224 U.S. 145 (1912)

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Calnan Co. v. Doherty

No. 212

Argued March 14, 1912
Decided April 1, 1912
224 U.S. 145

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

A ruling of the circuit court of appeal that the petitioning creditors held provable claims is not a judgment allowing or rejecting a claim within the meaning of 25b of the Bankruptcy Act of 1898, and cannot under § 25a and subparagraph 1 be reviewed by this Court.

Where the prerequisites for an appeal to this Court specified in subparagraph 1 of § 25b of the Bankruptcy Act do not exist, and the circuit court of appeals does not make the findings of fact and conclusions of law required by clause 3 of General Order 36, the appeal must be dismissed. Chapman v. Bowen, 207 U.S. 89.

Appellate jurisdiction over a ruling of the circuit court of appeals in a bankruptcy matter may not be exercised by this Court by virtue of § 6 of the Judiciary Act of March 3, 1891, c. 517, Tefft v. Munsuri, 222 U.S. 114.

Appeal from 174 F. 222 dismissed.

The facts are stated in the opinion.