Leggett v. Allen, 110 U.S. 741 (1884)

U.S. Supreme Court

Leggett v. Allen, 110 U.S. 741 (1884) Leggett v. Allen

Submitted March 3, 1884

Decided March 10, 1884

110 U.S. 741

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF NEW YORK

Syllabus

This Court has no jurisdiction to review a judgment of a circuit court rendered in a proceeding upon an appeal from an order of a district court rejecting the claim of a supposed creditor against the estate of a bankrupt. Wiswall v. Campbell, 93 U. S. 347, affirmed.

Motion to dismiss.

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

This motion is granted on the authority of Wiswall v. Campbell, 93 U. S. 347, in which it was decided that this Court has no jurisdiction to review a judgment of the circuit court, rendered in a proceeding upon an appeal from an order of the

Page 110 U. S. 742

district court rejecting the claim of a supposed creditor against the estate of the bankrupt, and for the reason that a proceeding to prove a debt is part of the suit in bankruptcy, and not an independent suit at law or in equity. Such being the nature of the proceeding, it is a matter of no consequence whether the appeal from the district court to the circuit court was taken by the creditor or the assignee, for it has always been held that this Court has no control over judgments or orders made by the circuit courts in mere bankruptcy proceedings. It is unnecessary to repeat here what was said in Wiswall v. Campbell. This case and that are in all material respects alike.

Dismissed.