Dean

This is an appeal to revise an order of the court below denying a petition to vacate an adjudication in bankruptcy.

On March 21, 1928, Daniel Ko, doing business as Daniel Ko & Co., was on his own petition adjudged a bankrupt. In his petition he alleged that he was, and had been for the greater portion of the six months preceding the filing thereof, a resident of Oakland in the district. A trustee was appointed, and the administration of the estate proceeded in due course until September 24, 1928, when a creditor with a provable claim of $98.80, without giving any excuse for the delay, filed a petition to vacate the adjudication on the ground that the bankrupt was not a resident of Oakland but of Coalinga in the Southern district. In answer to a show cause order, the bankrupt and the trustee denied that the bankrupt’s residence was in Coalinga, but alleged that he resided in Oakland, where his wife and children were domiciled. The issues thus presented were heard by the court on affidavits and oral testimony, and the prayer of the petition denied. The reasons which moved the court to make the order denying the petition do not clearly appear. There is a statement that during the…