Page:Federal Reporter, 1st Series, Volume 4.djvu/28

 le FBDBBAIi BBPOBTEB. �Herod a Winter, Ralph HiU, and S. Stansîfer, for assignee. �Harrison, Hines e Miller, and McDonald de Butler, for cred- itors. �Dbummond, 0. J. This is a motion to dismiss two appeals that have been taken in a bankruptoy case from orders of the district court disallowing certain claims against the estate of the bankrupts. �Thefacts are that the order disallowing these claims was madeby the district court on the twenty-seventh of Novem- ber, 1879. That order seems to have been made in the ab- sence of counsel for the claimant, and on an application to the court on the seventeenth of December. 1879, the court opened the orders and reconsidered the cases for the purpose of allowing the parties to take an appeal to the circuit court, reforming its orders in both cases. An appeal was taken from that order on the seventeenth of December, and there was no question about the appeal being taken in the proper time, and the bond being given so as ta consumniate that appeal. The appeal was taken during the term of the court. In fact, the -term of the court still continues, �The objection on the part of the assignees to this appeal is that the appellants did not comply with the law of coii- gress in entering tbeir appeal in the circuit court within ten days from the time the order was rendered. The question is whether that should have been done. �The contention between the two parties is : On the part of the assignees, that the appeal should be entered in the cir- cuit court, if the court is in session at the time the order is entered, and continues up to the end of the ten days, during the court, although it is the same term. On the other hand, it is claimed by the appellants that it is sufficient if the appeal is entered in the circuit court at the succeeding term after the order entered. �I am of the opinion that the true construction of the acts of congress and of the rules of the supreme court, on the sub- ject, is that the appeal should be entered in the circuit court within ten days after the appeal is taken, although the cir- cuit court is in session at the time the ortlcr is made, and continues so up to the end of the ten days. ����