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

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U.S. Supreme Court

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

Calnan Co. v. Doherty

No. 212

Argued March 14, 1912

Decided April 1, 1912

224 U.S. 145

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.

Page 224 U. S. 146

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