Opinion
No. 392.
June 20, 1938.
Appeal from the District Court of the United States for the Northern District of New York.
Proceeding in the matter of the petition of John H. Harvey and Lena F. Harvey, for composition or extension under section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203. From an order of the District Court dismissing the bankrupts' petition for an extension, and from an order denying an application to vacate the order of dismissal, the bankrupts, opposed by the Federal Land Bank of Springfield, appeal.
Appeal dismissed.
James F. Quigley, of Auburn, N.Y., for petitioners.
Frederick B. Wills, of Auburn, N.Y. (Robert D. Jones, of Auburn, N.Y., of counsel), for creditor.
Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.
We are without jurisdiction to hear this appeal from the order entered December 2, 1937. The jurisdiction of this court on appeals involving bankruptcy under § 75(n), 11 U.S.C.A. § 203(n), is the same as if a voluntary petition had been filed and an adjudication entered. An adjudication was entered on the day of filing the petition. The court below by its order of December 2, 1937 vacated the adjudication. This was reviewable only on a petition to revise, not by appeal. In re DeCamp Casket Co., 6 Cir., 272 F. 558, certiorari denied Hamilton v. DeCamp Co., 256 U.S. 703, 41 S.Ct. 624, 65 L.Ed. 1179; Michigan Garage, etc., Co. v. Drury, 6 Cir., 31 F.2d 434. Moreover, the appeal from this order was not taken within 30 days. In re Brown, 2 Cir., 174 F. 339. The order of February 3, 1938 denied an application to vacate the order vacating the adjudication. This is appealable under § 24b of the Bankruptcy Act, 11 U.S.C.A. § 47(b), and leave must be obtained therefor. Conboy v. First Nat. Bank of J.C., 203 U.S. 141, 27 S.Ct. 50, 51 L.Ed. 128. No leave to appeal was obtained from this court.
Appeal dismissed.