HATCH
v.
MOROSCO HOLDING CO., INC. EX PARTE MARGOLIES
HATCH
MOROSCO HOLDING CO., INC. EX PARTE MARGOLIES
26 F.2d 247
United States Court of Appeals for the Second Circuit (1928)
Positive Treatment
Cited by 5 cases
Opinion of the Court
A majority of the court, as it is now constituted, think that our first decision impairs the jurisdiction of the District Court over assets already in its custody when the judgment of the state court was entered. They believe that the liquidation of claims is a part of the distribution of the estate, since it determines how much each creditor shall get, and that the distribution of the estate is part of what is usually understood as jurisdiction over the res. However, the former decision was reached after unusual deliberation and full presentation of all the questions involved. If it is to be changed, only the Supreme Court may do so; in the same ease and on the same claim the first ruling must stand.
Order affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Riehle v. Margolies, 279 U.S. 218 (U.S. 1929)
-
United States v. Fernandez, 506 F.2d 1200 (2d Cir. 1974)
-
Gross v. Bush Terminal Co., 105 F.2d 930 (2d Cir. 1939)
Authorities Cited
- Hatch v. Morosco Holding Co., 19 F.2d 766 (2d Cir. 1927)