Newman

Newman v. Claussen

Bad Law
6 F.2d 177·1925 U.S. App. LEXIS 1984
United States Court of Appeals for the Ninth CircuitJune 15, 1925No. 4507California508 words

Opinion

Lead Opinion

Rudkin, J.

(after stating the facts as above). As already stated, the case is before this court both on appeal and on petition for revision, and the parties have discussed the testimony as though tl¡e case were properly here on appeal. But it is well settled that the order in question is an administrative order in the ordinary course of bankruptcy between the filing of the petition and the final settlement of the estate, and is not appealable. In re Loving, 224 U. S. 183 , 32 S. Ct. 446 , 56 L. Ed. 725 ; In re Mueller, 135 F. 711 , 68 C. C. A. 349 ; In re Patterson-MacDonald Shipbuilding Co. (C. C. A.) 288 F. 546 ; In re Irving Whitehouse Co. (C. C. A.) 293 F. 287 . The appeal is therefore dismissed and our jurisdiction on revision is limited to matters of law.

Section 2955 of the Civil Code prohibits the mortgage of the stock in trade of a merchant, and section 3440 prohibits the sale, transfer, or assignment in bulk óf the stock in trade, or a substantial part thereof, without first giving or recording the notice therein prescribed. The manifest purpose of these provisions was to protect the stock in trade against liens and transfers of every kind for the benefit of general creditors.…

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