101 F. 796 | 8th Cir. | 1900
On the 20th day of April, 1899, John R. Uorcross, the appellant, was adjudged a bankrupt by the district court of the United States for the Western district of Missouri, St. .Joseph division. On the 29th of April, 1899, he prayed, and was allowed by the district judge, an appeal to this court from the decree adjudging him a bankrupt; but the prayer for the appeal, and its allowance, and the citation and service thereon were not filed in the district court until the 2d day of May, 1899. Section 25a of the bankruptcy act, which allows an appeal from the court of bankruptcy to the circuit court of appeals from a judgment adjudging the defendant a bankrupt, provides that “such appeal shall be taken within ten days after the judgment appealed from has been rendered.” In re Good, 39 C. C. A. 581, 99 Fed. 389. Under the decisions of the supreme court of the United States an appeal is not taken within the meaning of the section quoted until the petition and allowance of appeal (where there is such a petition and allowance) and the appeal bond and the citation are presented to and filed in the court which made the decree appealed from. In this case these papers, save the bond, were not filed in the district court until the 2d day of May, 1899, more than 10 days after the judgment was entered adjudging