Raentsch

On September 2, 1935, appellant, alleging that he was a farmer, filed an application under section 75(c), (n), (r) of the *771 Bankruptcy Act as amended August 28, 1935, 49 Stat. 246 , 942 ( 11 U.S.C.A. § 203 (c), (n), (r). He did not ask to be adjudged bankrupt under subdivision (s) of section 75 ( 49 Stat. 942 , § 6, 11 U.S.C.A. § 203 (s).

On September 10th, after due notice, the appellee, a creditor, moved to dismiss the proceedings on the ground that the debtor was not a farmer within the meaning of section 75 of the Bankruptcy Act. The motion was heard on September 10, 1935, whereupon the District Court ordered the matter referred to a special master to take evidence and report his findings and conclusions on the question involved’. Upon the filing of the master’s report on November 29, 1935, the court confirmed the report and dismissed the debtor’s petition on the ground that he was not a farmer.

On December 12, 1935, the District Court granted appellant’s petition for leave to appeal. No such application was filed with this court, and the time for such application has expired. The question it, whether the allowance of the appeal by the District Court gave this court…