A Treatise On the Bankruptcy Law of the United States volume 3
A Treatise On the Bankruptcy Law of the United States volume 3
Harold Remington
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B. R. 359, 123 Fed. 249 (C. C. A. Wis. ), wherein the facts would permit of the holding therein made, t)ut the reasoning of the court is out of harmony with the great weight of authority. See analogously, post, § 2901. 2580 REMINGTON ON BANKRUPTCY. § 2869 change, which formerly belonged to the bankrupt. * * * The argument chiefly relied upon by the appellant is that this is an intervening petition to reach a fund in court, and is not a proceeding in bankruptcy. Under the circumstances of this c...ase it seems to us that the petition was incident to the claim (Cunning- ham V. German Ins. Bank, 4 Am. B. R. 192, 101 Fed. 977), and was a bankruptcy proceeding under § 2, cl. 7, within the meaning of § 25, regulating appeals in bankruptcy proceedings, and that the decree upon it was not 'a judgment allow- ing or rejecting a debt or claim' of five hundred dollars or over, ' within § 25a, 3, and was not an independent ground of appeal. " Cunningham v. Bank, 4 A. B. R. 192, 101 Fed. 977 (C. C.
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