Dewey

General Order in Bankruptcy XIII provides that the appointment of a trustee by the creditors shall be subject to be approved or disapproved by the referee or by the judge.

This is an appeal by a deposed trustee from aai order of the court or judge reversing an order of the referee approving the appointment of the trustee and directing a new election. The appellees have moved to dismiss the appeal upon the ground that the order is not appealable and because no bond was given, as required by law. No doubt the order was an administrative one, and should have been brought here for review by petition for revision, and not by appeal; but; under the decision of the Supreme Court in Taylor v. Voss, 46 S. Ct. 461 , 70 L. Ed. 889 , decided May 3,1926, the appeal will be treated as a petition for revision. Of course, the fact that the order has been brought here by appeal will not enlarge the reviewing power of this court. On petition for revision no bond is required. The motion to dismiss is denied.

After reciting the summary of the evidence, as certified by the referee, the' court below said:

The foregoing finding is a proper deduction from the testimony and was ample justification for…