Page:United States Statutes at Large Volume 18 Part 1.djvu/1035

Trrna mu.-BANKRU.P'ICY.—CB. 1. 963 ¤llOW¤¤5=¤ of 8 Ohim, may appeal from the decision of the district court Hell v- Allen, 12 to the clrcult court for the same district. W“u·· 4529 Im" ance Company 1·. Comstock, 16 Wall., 258; Stickney v. Wilt, 23 Wall., 150; Sandusky r. National Bank, 23 Wall., 289; Wlswall et al. 1·. campbell et al.,93 U. S., 347; Smith r. Kehr, 2 Dill., 50; In rc Plctou, 2 Dill., 549; In re Joseph, 2 Woods, 390. Sec. 4981. No appeal shall be allowed in any case from the district to How taken. the clrcult court unless it is claimed, and notice given thereof to the 2 M¤r_,1§f}; clerk of the district court, to be entered with the record of the proceed- 176, s. 8, v. 14; p. lngs, and also to the assignee or creditor, as the case may be, or to the 520- defeated party in equity, within ten days after the entry of the decree I C0, or decision appxealed from; nor unless the appellant at the time of claim- Blazg 1g;;";?,;},? lng the same s all give bond in the manner required in cases of appeals dick v..’Billings, 1 ln suits ln ecpuitly; nor shall any writ of error be allowed unless the party Wool-. 830: In T6 claiming it s al comply with the provisions of law regulating the grant- Y°'k “d H°°"°"· ing of such writs. jniigugmvgélissj Bank. Rag., 178;* Baldwin 1-. Rapplee, 5 Bank Reg., 19; Wood v. Bailey, assignee, .21 lVall., 6 . Sec. 4982. Such appeal shall be entered at the term of the circuit court How entered. which shall be held within the district next after the expiration of ten days from the time of claiming the same. 11g,,,_g,,.;i4’p_5§5; Baldwin r. Bapplee, 5 Bank. Reg., 19. Sec. 4983. If the appellant, in writin , waives his appeal before any Waiver of apdecision thereon, proceedings may be had in the district court as if no P“_;___ appeal had been taken. 2 MM-. 1867. c- 176,s.8,v.14,p.520. Sec. 4984. A supposed creditor who takes an appeal to the circuit _¤}l>p¤¤l from_decourt from the decision of the district court, rejecting his claim in whole °;“l°“ "°l°°““€ or in part, shall, upon entering his appeal in the circuit court, file in the L c1erk"s office thereof a statement in writing of his claim, settin forth the Ibid·»¤·24.P-528- same, substantially, as in a declaration for the same cause of action at law, and the assignee shall plead or answer thereto in like manner, and like proceeding shall thereupon be had in the pleadings, trial, and determination of the cause, as in actions at law commenced and prosecuted, in the usual manner, in the courts of the United States, except that no execution shall be awarded against the assignee for the amount of a debt found due to the creditor. Sec. 4985. The final judgment of the circuit court, rendered upon any Costs. appeal rovided for in the preceding section, shall be conclusive, and the list of debts shall, if necessary, be altered to conform thereto. The party 176, s. 24; v, 14; p, prevailing in the suit shall be entitled to costs against the adverse parpy, 528. to be taxed and recovered as in suits at law; if recovered against e assignee, they shall be allowed out of the estate. Sec. 4986. The circuit court for each district shall have a general Powemfgeneml superintendence and jurisdiction of all cases and questions arising in the ”“P$"l“*g¤d°¤9° district court for suc district when sitting as a court of bankruptcy, gg5ft_ °" m` whether the powers and jurisdiction of a circuit court have been con- ·mHm ferred on such district court or not; and except when special provision 8 _;,,;,,' {$2 ,,_ is otherwise made, may, upon bill, petition, or other proper process, of 340, v, 1%, 3§,4_ any party aggrieved, hear and determine the case as in a court of equity; 22 June, 874, c- and the powers and jurisdiction hereby granted may be exercised either 3°g;‘·3·"·l8ig’,;:7i· by the court in term time, or, in vacation, by the circuit justice or by the 401 u??' 5, ,,_ jg; clrcuit judge of the circuit. p.195. Mo r. Thornhill, 11 Wall., 65; Hall v. Allen, 12 Wall., 452; Mead v. Thompson, 15 635; In rc Binninger, 7 Blatch. 159; In rc Binninger, 7 Blatch., 165; In rc Hall, 1 Dill.,586; Ruddick r. Billings, 1 Wool., 330; Littleiield v. Canal Companly, 4 Bank Reg., 77; In re Place et al., 4 ank. 3%., 178; Como v. Crane, 94 U. S., 441; n rc Joseph, 2 Woods, 390; Thames v. Miller, 2 oods, 564. Sec. 4987. The several supreme courts of the Territories shall have the $¤P¤fi¤*·¤¤d¢¤O¤ same general superintendence and jurisdiction over the acts and decisions g7;g$:;g:cg°“"“ of the justices thereof in cases of bankruptcy as is conferred on the c1r- W? cult courts over proceedings in the d1strict courts. 17,,,s_,‘l;’§6,Pl¥;:f,’;