Miller v. Hatfield
MILLER v. HATFIELD, TRUSTEE IN FARMER DEBTOR BANKRUPTCY, Et Al.
Opinion
Per Curiam.
This proceeding was instituted by a farmer-debtor pursuant to § 75 of the Bankruptcy Act. Under an order of the District Court, approving an order of the conciliation commissioner, petitioner’s farm was sold to one of the co-trustees of a mortgage upon the property and the sale was confirmed by the District Court.
A petition for rehearing, was denied. Upon appeal to the Circuit Court of Appeals, that court found that the purchaser at the sale was not a party to the appeal and *2 dismissed it. Petitioner sought a rehearing upon the ground that the purchaser had actual notice of the appeal and had appeared in the Court of Appeals joining in an objection to an enlargement of time for filing the record, and also seeking appointment of a receiver or an additional supersedeas bond. Petitioner also asked that- if it be considered that the purchaser was not already before the court, a citation should be issued to bring him in. The Court of Appeals denied both applications. Certiorari was granted, 308 U. S. 534 .
We are of the opinion that the action of the Court of Appeals was erroneous. If the court deemed the purchaser to be a necessary party and not before the court, the motion to issue a citation to him should have been granted. R. S. 954, 28 U. S. C. 777.
Dodge v. Knowles, 114. U. S. 430, 438;
Knickerbocker Life Insurance Co.
v. Pendleton, 115 U. S. 339 ;
In re Knox-Powell-Stockton Co., 97 F. 2d 61 .
The decree is reversed and the cause is remanded to the Circuit Court of Appeals for further proceedings in conformity with this opinion.
Reversed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 7 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.