John M. England, Trustee of the Estate of Pacific Opera Company, Bankrupt v. Lorne M. Stanley

This is an appeal from an order made by the District Court of the Northern District of California, Southern Division, reversing and vacating the order of the referee in bankruptcy in the matter of the Estate of Pacific Opera Company, a bankrupt. This court has jurisdiction to review the order of the district court ( 11 U.S.C.A. § 47 ).

The following pertinent facts appear in the record. On February 7,1957, one Lome M. Stanley filed an action in the Municipal Court of the County of San Mateo, State of California, against Pacific Opera Company, a corporation, seeking the sum of $2900 claimed to be due him as attorney’s fees. On the same date a writ of attachment was issued directing the sheriff of San Mateo County to levy upon the property of the Pacific Opera Company then in the possession or control of Lillian R. Dandini in San Mateo County. When the sheriff levied Mrs. Dandini stated, “I have in my possession scenery and stage props of Pacific Opera Company of the estimate value of $2,000, against which I have a claim and lien for storage in the sum of $2,000 plus interest since on or about August, 1956.” Mrs. Dandini was at that time a director of Pacific Opera Company. The…