Mitchell Store Building Co. v. Carroll, 232 U.S. 379 (1914)

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Mitchell Store Building Co. v. Carroll

No. 212

Argued January 28, 1914
Decided February 24, 1914
232 U.S. 379

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

Section 24a of the Bankruptcy Act provides for appeals in controversies arising in bankruptcy proceedings and controls a proceeding brought by the trustee to restrain a landlord from prosecuting a suit for rent in the state court. In such a case, the appeal takes the course prescribed in the Circuit Court of Appeals Act of 1891.

Although a case taken to the circuit court of appeals under § 7 of the Act of 1891 is not one of the class made final by § 6 of that act, the jurisdiction of this Court under § 6 relates solely to final orders of the district court reviewed by the circuit court of appeals.

An interlocutory decree of the district court granting a temporary injunction against prosecuting a suit in the state court is not a final order, and from the judgment of the circuit court of appeals affirming it there is no appeal to this Court.

This Court cannot entertain an appeal from a judgment of the circuit court of appeals upon a petition to revise under § 24b of the Bankruptcy Act.

Appeal from 193 F. 616 dismissed.

The facts, which involve the jurisdiction of this Court of appeals in controversies arising in bankruptcy proceedings, are stated in the opinion.