United States Supreme Court Cases & Opinions

U.S. Supreme Court

Duryea Power Co. v. Sternbergh, 218 U.S. 299 (1910)

Duryea Power Co. v. Sternbergh

No. 29

Argued November 2, 1910

Decided November 14, 1910

218 U.S. 299

Syllabus

Section 25b of the Bankruptcy Law only gives a right of appeal to this Court from a decision of the circuit court of appeals affirming or reversing the order of the district court, allowing or rejecting a claim when the decision is final, whether there is a certificate under § 25b, 2 or not. A decision simply allowing or disallowing a claim for voting purposes without prejudice to its subsequent presentation is not final, but provisional.

No appeal lies to this Court from a decision of the circuit court of appeals in the exercise of supervisory jurisdiction in bankruptcy matters. Nor can a petition for revision to that court be turned into an appeal.

A petition for revision opens only questions of law, while an appeal opens both fact and law.

Appeal from 161 F.5d 0 dismissed.

The facts, which involve the construction of certain provisions of the Bankruptcy Law and the jurisdiction of this Court of appeals from the circuit court of appeals, are stated in the opinion.

Page 218 U. S. 300