JOEL COLLINS, A PETITIONER IN BANKRUPTCY,

v.

JAMES BLYTH, AN OPPOSING CREDITOR

Citator

Cited By

• Davis v. Preston, 280 U.S. 406 (U.S. 1930)
  …s was not then in a position to complain of the judgment or to invoke a review of it by this Court. All right and discretion to do either had passed to his successor in office. Florida ex [*408] rel. Wailes v. Croom, 226 U. S. 309; Taylor v. Savage, 1 How. 282, 286; Dolan v. Jennings, 139 U. S. 385, 387; McClane v. Boon, 6 Wall. 244. It follows that the writ of certiorari granted on the petition of Davis was improvidently allowed and must be dismissed. The fact that the surety company joined in the petit…
• Miller v. Commissioner of Internal Revenue, 102 F.2d 476 (9th Cir. 1939)
  ….Ed. 895, involves no problem of substitution, but holds only that one not a party to an action can neither appeal nor be made a party defendant to an appeal. Ex parte Cockcroft, 104 U.S. 578, 26 L.Ed. 856 is to the same effect. In Taylor v. Savage, 1 How. 282, 11 L.Ed. 132, appeals were taken by and against an executor against whom judgment had been rendered in his representative capacity. He had at the time of the taking of the appeals been removed from his office. The court held that since he had no ri…