United States Supreme Court Cases & Opinions

U.S. Supreme Court

Matter of Loving, 224 U.S. 183 (1912)

Matter of Loving

No. 21

Submitted March 15, 1912

Decided April 1, 1912

224 U.S. 183

Syllabus

Controversies arising in bankruptcy proceedings, as distinguished from bankruptcy proceedings, are appealable to the circuit court of appeals under the Court of Appeals Act of March 3, 1891.

A claim asserted against a bankrupt's estate not only for the amount thereof but for a lien therefor on the asset of the estate is a bankruptcy proceeding, and not a controversy arising from the bankruptcy proceeding, and an appeal by the trustee from the order allowing the claim and lien is under § 25a to the circuit court of appeals.

One who is entitled under § 25a to an appeal to the circuit court of appeals is not also entitled to a review in the circuit court of appeals by petition under § 24b.

Under § 24b, questions of law only are taken to the Circuit Court of Appeals, while, under § 25, controversies of fact as well as of law are taken to that court, with findings of fact to be made therein if the case is to be taken to this Court. In re Mueller, 135 F.7d 1, approved.

The facts, which involve the construction of § 24a and b of the Bankruptcy Act of 1898, are stated in the opinion.