S. P. Beecher v. Homer Smithson, Trustee

This appeal is one of a long series urged by a farmer-debtor whose real property has been administered for a number of years under § 75, sub. s, of the Bankruptcy Act, 11 U.S.C.A. § 203 , sub. s. Appellant has through all these proceedings acted as his own counsel. The courts, including this, have been more than conscientious in dealing with him, and because of the situation have probably extended him favors beyond his technical rights. Appellant is not a lawyer and has been inclined to insist that his rights are bounded only by his desires.

There has been a motion to dismiss this appeal because Beecher did not think it necessary to file an appeal bond as security for costs as required by the Federal Rules of Civil Procedure, rule 73(c), 28 U.S.C.A. See Coursey v. International Harvester Co., 10 Cir., 109 F.2d 774, 777 ; In re Braker, 6 Cir., 127 F.2d 652 ; General Orders Bankruptcy No. 36, 11 U.S.C.A. following section 53. This defect was not cured by sending at a later date a personal check to the Clerk of this Court “under protest” for costs. The rules cannot be improvised by the litigant. Further, Beecher did not file timely a designation of the record. This motion to dismiss…