Jordan

Appellee, Palo Verde Irrigation District, has moved to dismiss an appeal from an interlocutory decree which, in a proceeding under chapter 10 (§§ 81-84) of the Bankruptcy Act, 1 confirmed a plan of composition and enjoined appellants, James H. Jordan, J. R. Mason, L. F. Abadie, George F. Covell and First National Bank of Tustin, from commencing or continuing any suit against appellee on account of any indebtedness affected by the plan. The question is whether the appeal was taken in the manner and within the time prescribed by law.

Section 25a of the Bankruptcy Act 2 provides: “Appeals under this Act [title] to the Circuit Courts of Appeals * * * shall be taken within thirty days'after written notice to the aggrieved party of the entry of the judgment, order or decree complained of, proof of which notice shall be filed within five days after service or, if such notice be not served and filed, then within forty days from such entry.”

The decree in this case was entered on October 7, 1938. A written notice of the decree, dated October 8, 1938, was served! on appellants, but no proof thereof was ever filed. Hence, if an. appeal, such as this one, from an interlocutory decree in a…