Baker

Baker v. W. C. Allen Candy Co.

Good Law
13 F.2d 119·1926 U.S. App. LEXIS 3517
United States Court of Appeals for the Ninth CircuitJune 1, 1926No. 4777California584 words

Opinion

Lead Opinion

Rudkin, J.

This is an appeal from a judgment adjudicating the appellants bankrupts. A number of questions have been discussed in the briefs and on the argument, but the scope of review is necessarily limited by the reeord brought here. The transcript contains only the involuntary petition charging insolvency and the commission of three acts of bankruptcy; the answer to the petition, containing a demand for a jury trial, signed by the attorneys for the alleged bankrupts, and verified by one of the alleged bankrupts ; a motion on the part of the petitioning creditors to set the case for trial by jury; an order granting this motion; a second motion on the part of the petitioning creditors to refer the matter of adjudication to the special master; an order granting this motion; the report of the special master; a petition in intervention by a creditor; exceptions to the report of the special master by the appellants and the intervening creditor; an order confirming the report of the special master; and the order of adjudication. The testimony taken before the special master, upon which the court below acted, has not been brought here, and, in the absence of the testimony, we cannot, as a matter…

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