The New York herald., 1871-01-17
B ANK RuPT cY.
Important Decision Affecting the
Right Of Appeal.
The Time Within Which Appeals in Bankruptcy
May be Taken from the United States Dis
trict to the United States Circuit Court.

An important decision was yesterday rendered by
Judge Blatchford in the United States District Court
bankruptcy branch, IN the matter Of Benjsmin, q
creditor against Hart, debtor. The particulars OF
the case with the ruling OF the Court will be found
below
JUDGE BLATCHF0RD's DECISION.
This Is a suit In equity. The final decree, which
was In favor of the platinum, was entered December
80. 1870. The defendant, within ten days after the
entry of the decree, gave notice to the clerk Of tha
Court and to the plaintiff as required by section
eight OF the Bankruptcy act that he claimed an ap-
Court But the defendant did not ut the time OF
claiming such appeal give or file any bond as re-
qulreu Dy sucn section eight. Thai section provides
tnat
NO APPEAL SHALL BE ALLOWED
'unless the appellant, at the time OF claiming the
same, shall give bond In the manner now required
by law IN cases OF such appeal" unless the ap-
peal shall be claimed ana notice thereof be given ts
the clerk and TO the opposite parry within ten days
after the entry OF the decree appealed from. The
defendant neither gave nor lied any bond within
the ten days. Now, after the expiration OF the ten
days, bond is presented to me 70 be approved with
a view OF its beng given and dled as and for the
bohd on such appeal; Il - quite clear that, as no
NO APPEAL CAN NOW BE ALLOWED
Tne right OF appeal gwen 10y the eighth section
cannot be enlarged by this Court. Still II the bond
is In proper form anu was properly executed ana
there Is no reason why should approve 1t as =
bond which would be proper one II given In time,
leaving TO tae ~, appellee 70 move & me Appeatc
by tie defendant and two 1t dated Japu-
airy II, 1871; 1t was sealed and delivered and ac-
next day. It IS entitled for the Circuit Court Of
this district with the name or the plaintiff and the
name OF the defendant. Then follows the
bond, which is Tor $500 penalty the DEGREES
% bonf IS "a as fcowsM"whereas n the above namee @
palnli. Hart, has prosecuted an appeal to the CIR
cGlt Court @ Of yae United States for tae southern dts
dered In the above entitled snt 10y the Judge OF tne
District Court for SAID districts now, therefore the
the decree appealed rom Is the foregoing reierence
TO 1t as decree rendered
.'IN THE ABOVE ENTITLED sUTr.r
The names OF the parties 70 the decree are not
given otherwise Than by a reference TO the title ut
the mead of the bond nor is there any statement az
to who the party is in whose favor the decree was
rendered, except what may be gathered from the
VI tna 5aus S aacr mas
statement as to the court IN WHICH the decree was
rendered except the statement that 1t was rendered
''in the above entitled suih and what may be
gathered from the fact that the appeal Is stated To
be to the Circuit Court Or this district The title OF
the bond is thus made by the bond itself necessary
part of 1t, and reading the bond with the title the
decree appealed Irom is stated TO be decree rem
dered by the Circuit Court. The bond should have
been entitled the District Court. The printed form
OF bond used this the one proper to be used
on appeal from the Circuit To the supreme Court,
and, as presented Is entitled in the Circuit Court
The plaintiff Is entitled to a bond clearly and
peaIed from was rendered rms is not such a bond.
This view Is independent OF the question as to whe-
tner the written WORD
'.CJRCuIT''
was inserted III place OF the written word 'disrict
in the title OF the bond the written word 'iisricc'
having been previously put In place Of the printed
word "circuit" in such title), after the bond had
been executed by one OF the sufeties and before is
was executed by the other surety, and was 30 in
serted without the knowledge or consent OF the
surety who first executed 1t. On that question
express no opinion. It follows that
CANNOT APPROVE THE BOND
as proper IN form, and that, as no bond was given
within the ten days, | cannot stay the issuing Of
c. H. Woodbury. for the plaintiff G. f. White
more for the defendant.
Another Bankruptcy Observation-Disclosures
Under thu Sia:e Law.
We recently published a decision by Judge Blatch-
ford, in the matter of John Sedgwick, assignee
James K Place ana others. but the decision referred
very briefly to the facts OF the case. The plaintiff
as assignee OF bankrupts sued to recover the as
sets Of the bankrupt firm III the hands OF asslgneeS
appointed by the State Court, besides large amounts
settled by the bankrupts on Their wives The suit
resulted In the setting aside Of the assignment made
under the state law. and In recovering settlement
OF $40 900 from Spa kman. one OF the bankrupts. The
plaintiff also obtaned decree in his favor as re-
spects all the property sought to be recOv-
cred, except the. the house on o1, the corner Of
the furniture therein contained, which wera
settled on the wife OF James X. Place, another OF
the bankrupts, and which were claimed By ]: l.
Phpps 4 Co., by transfer from Mrs. Place The
Court decided In favor OF the paintif TO all the
defendants except Phlpps Co., but In their favOc
against the plaintiff. fhipps Co.. by the decision.
are entitled to the Fifth avenne property and the
furniture and the proceeds thereof and recover theE
costs out OF the fund against the paintiff.
II is stated that Judge Batchiord Will soon Issue
heightened and elaborate decision In this case, and
that it Will settle very important and interesting
questions which nave come before the notice OF the
court In connection with the Bankruptcy law.