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225 U.S. 692

56 L. Ed. 1260

Docket No. 972.

Kyle v. Hammond

Supreme Court of the United States

Submitted March 11, 1912.

Decided March 18, 1912.

Supreme Court of the United States · decided 1912-03-18

<p>APPEAL FROM THE CIRCUIT COURT- OF APPEALS FOR THE FIRST CIRCUIT.</p>

Cited by 2 later decisions — most recently October 1914

2 district ·

2 counsel of record

Relies on Wiswall v. Campbell · Huntington v. Saunders · Cleveland Insurance Company v. Globe Insurance Company

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 9–0 · Decided 1912-03-18

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¶1APPEAL FROM THE CIRCUIT COURT- OF APPEALS FOR THE FIRST CIRCUIT.

¶2Under thp saving clause of the act of June 7, 1878, 20 Stat. 99, c. 160, ■ the review of the order in this case was not provided for by the Judiciary Act of 1891.

¶3Mr. Hollis R. Bailey, for appellees, in support of motion to dismiss or affirm.

¶4Mr. Warren Ozro Kyle, for appellants, in opposition thereto.

¶5Per Curiam:

¶6Before the repeal of the Bankruptcy Act of 1867 the decision of the Circuit Court would have been final. Wiswall v. Campbell, 93 U. S. 347, 348, and cases cited; Cleveland Ins. Co. v. Globe Ins. Co., 98 U. S. 366. In view of the saving clause of the repealing act of June 7, 1878, 20 Stat. 99, we are of opinion the review of such an order was not provided for by the Judiciary Act of 1891.

¶7The decision ip Huntington v. Saunders, 163 U. S. 319, is not to the contrary. There it was merely decided that if the act'of 1891 authorized a review of analogous orders, the one sought to be reviewed did not involve the réquisite jurisdictional amount.

¶8The appeal is dismissed for want of jurisdiction.

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