Cunningham

Mitchell v. Cunningham

Good Law
2 F.2d 331·1924 U.S. App. LEXIS 2040
United States Court of Appeals for the Ninth CircuitOctober 20, 1924No. 4309California1,007 words

Opinion

Lead Opinion

Eudkin, J.

These are petitions to revise certain orders in bankruptcy. Tbe record has not been printed and contains no index. It consists of upwards of 50 elosely typewritten pages, wherein pleadings, orders, explanations, and arguments are indiscriminately commingled. It is needless to say that an appellate court should not be compelled to wade through such a mass for tbe purpose of ascertaining the facts or tbe questions for decision. But, *332 waiving all this, the facts gleaned from the record are substantially these:

Early in December, 1920, the bankrupt, through the petitioner, as his attorney, filed a voluntary petition in bankruptcy. At the first meeting of creditors thereafter held the bankrupt was examined by certain attorneys in the interest of a creditor or person who had as yet filed no claim; the petitioner appearing as attorney for the bankrupt. At the close of the hearing, no creditor having filed a claim, the referee appointed one Cunningham trustee and fixed his bond in the sum of $100. The bond, with two members of the bar as sureties, was approved, and the trustee entered upon the discharge of his duties. Soon thereafter he. commenced an action in a state court of…

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