UNION NAT. BANK OF KANSAS CITY, MO., v. NEILL

UNION NAT. BANK OF KANSAS CITY, MO., v. NEILL. (Circuit Court of Appeals, Fifth Circuit. December 11, 1906.) No. 1,547. Bankruptcy — Review—Form op Proceeding. Bankruptcy Act July 1, 1898, c. 541, § 25, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432], provides that -appeals, as in equity cases, may be taken in bankruptcy proceedings from the courts of bankruptcy to the Circuit Court of Appeals in specified cases, including a judgment allowing or rejecting a debt or claim of $500 or more. Held that, where a decree rejected a claim for -$3Q,000 which -petitioner offered to prove against the bankrupt’s estate, petitioners remedy was by appeal, and, having obtained relief by appeal, his petition to superintend and revise should be dismissed. [Ed. Note. — Appeal and review in' bankruptcy cases, see In re Eggert, 43 C. C. A. 9.] . Petition for Revision of Proceedings of the District Court of the United States for the Western District of Texas. M. D. Cr'awford :(W. I. Ford and W. D. Crawford, Jr., on the brief), for petitioner. C. A. -Keller,’ for -respondent: Before' PARDEE; McCORMICK, and SHERBY, Circuit Judges. [MAJORITY — SHERBY, Circuit-Judge.] SHERBY, Circuit-Judge. This is a petition to this court invoking its jurisdiction toYúperinténd and revise as matter.of law a decree of the bankruptcy' court. The decree in question is one rejecting a claim for $30,000 which petitioner offered to prove against the estate of A. F. Hardie' & Co., bankrupts. The controversy was also brought to this court by. appeal, and the .opinion in the appealed case, which has just been handed, down,.shows a full statement of the proceedings in the court below. 149 Fed. 711. Section 25 of the bankruptcy act of 1898 (Act July 1, 1898, c. 541, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432]), provides that appeals, as in equity cases, may be taken in bankruptcy proceedings from the courts of bankruptcy to ..the Circuit Court of Appeals in certain specified cases;'the third being “from a judgment allowing or rejecting a debt or claim of $500 or over.” In this case the petitioner’s proper remedy was by appeal; and on appeal the decree below-has been reversed. The petition'is. therefore denied,.and the petitioner will be taxed with the costs. / .’