LEGGETT
v.
ALLEN, ASSIGNEE

U.S. | 1884-03-10
110 U.S. 741 Supreme Court of the United States (1884) Positive Treatment
Also reported at: 28 L. Ed. 313 · 4 S. Ct. 195 · SCDB 1883-183 · 1884 U.S. LEXIS 1735
Cited by 2 cases

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Synopsis

The Supreme Court dismissed an appeal challenging a Circuit Court judgment in a bankruptcy proceeding where a creditor's claim against a bankrupt's estate was rejected. The Court held that it lacks jurisdiction to review Circuit Court decisions in bankruptcy proceedings, as such proceedings are part of the bankruptcy suit itself rather than independent actions at law or equity, and this rule applies regardless of whether the appellant is the creditor or the assignee.


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Opinion of the Court
Me. Chief Justice Wáite

Mr. Chief Justice Wáite 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. 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 hi 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.


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Citator

Cited By

  • Holden v. Stratton, 191 U.S. 115 (U.S. 1903)
    …it was held that this court had no jurisdiction to review judgments of the Circuit Courts dealing with the action of the District Courts in such allowance or rejection because they were not final. Wiswall v. Campbell, 93 U. S. 347; Leggett v. Allen, 110 U. S. 741. The jurisdiction now given is carefully restricted and cannot be expanded beyond the letter of the grant. It is an exception to the general rule as to appeals and writs of error obtaining from the foundation of our judicial system. McLish v. Roff,…

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