Leggett v. Allen/Opinion of the Court

by Morrison Waite

United States Supreme Court

110 U.S. 741

Leggett  v.  Allen

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 in 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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