Rogers v. Bank of America Nat. Trust & Savings Ass'n

A conciliation commissioner acting as a referee in bankruptcy made an order awarding appellant Rogers the sum of $1,500 as attorney’s lees for legal services rendered appellants Miron and Hagoohi Rustigian, bankrupts under § 75, sub.s of the Bankruptcy Act, 11 U.S.C.A. § 203 , sub.s. Appellee Bank petitioned the District Court for review, and the order was reversed. Rogers and the bankrupts appeal.

The legal services involved herein were rendered in connection with an action brought (after the adjudication of bankruptcy) in the Superior Court of California by one E. B. Campbell against the bankrupts. The Bank was the assignee and successor in interest of Campbell, who had brought an action to quiet title to the farming property which together with the increment therefrom is the sole asset of the bankrupt estate. The action was defended by Rogers, who, upon oral approval of the commissioner and without a verified or any written petition therefor, associated two other lawyers with him for the purpose. After a jury verdict in favor of the bankrupts the court granted a new trial, and an appeal from its order was pending at the time of the hearing on the instant matter.

The…