Gelberg

Gelberg v. Richardson

Good Law
82 F.2d 314·1936 U.S. App. LEXIS 2980
United States Court of Appeals for the Ninth CircuitFebruary 26, 1936No. 7966California253 words

Opinion

Lead Opinion

Mathews, J.

Appellant, as attorney for a creditor’s committee, petitioned the District Court for an order directing appellee, as receiver for Western Blind & Screen Company, to pay appellant a fee of $1,250 for services alleged to have been rendered in the receivership proceeding described in Gripton v. Richardson (C.C.A.9) 82 F.(2d) 313 , decided this day. From a decree denying appellant’s petition, he prosecutes this appeal.

Although it did not terminate the receivership proceeding, the decree determined appellant’s rights by rejecting his claim. Such a decree is “final,” within the meaning of section 128 of the Judicial Code, as amended, 28 U.S.C.A. § 225 , and is, therefore, appealable. Dexter Horton National Bank v. Hawkins (C.C.A.9) 190 F. 924, 926 . Gripton v. Richardson, supra.

Appellant filed in the District Court an assignment of errors, but his brief filed in this court contains no specification of errors. Our rule 24 provides that every appellant’s brief shall contain a specification of the errors relied upon; that in equity cases the specification shall state, as particularly as may be, in what the decree is alleged to be erroneous; and that errors not specified according to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.