Merritt

This is an appeal from an order of the trial judge vacating an order of a conciliation commissioner, acting as referee, in a proceeding under section 75 of the Bankruptcy Act, as amended ( 11 U.S.C.A. § 203 ).

In March, 1936, the appellant filed her petition for a composition or an extension under section 75 of the act, submitting therewith verified schedules of her assets and liabilities. Subsequently, the conciliation commissioner to whom the' matter was referred reported the case as closed “so far as the provisions of said subsections (a) to . (r) of section 75 are concerned.” Thereafter, on November 4, 1936, the debtor was on her amended petition adjudged a bankrupt as provided in subsection (s) of the section, as amended, 11 U.S.C.A. § 203 (s). On November 20 the bankrupt presented to the commissioner (then acting in his newly acquired function as referee pursuant to section 75 (s) (4) a petition for an order directing the appellee and others to deliver to her certain dairy cattle therein described. In this petition she alleged that she is the owner and entitled to the possession of the cattle, and that appellee wrongfully withholds possession thereof. There is a prayer for…