Beecher

Beecher v. Leavenworth State Bank

Good Law
160 F.2d 296·36 A.F.T.R. (P-H) 39·36 A.F.T.R. (RIA) 39·1947 U.S. App. LEXIS 3878
United States Court of Appeals for the Ninth CircuitMarch 10, 1947No. 11503California626 words

Opinion

Lead Opinion

Denman, J.

This is an appeal by appellant bankrupt from two orders of the district court made on May 23, 1945. The first was an order denying motion of farm debtor for further continuance and approving the Temporary Receiver’s final report and accounting; also receiver’s report and account for the period between August 15, 1943, through February 29, 1944; and from March 1, 1944, through February 28, 1945; also Receiver’s estimated costs of operation from March 1, 1945, through February 28, 1946, and authorizing expenditure of funds.

Appellant filed certain objections to the receiver’s accounts but failed to appear at the hearing thereon after he had been granted several continuances. He complains that it was an abuse of discretion not to grant a further continuance. We do not agree. The administration of a fruit ranch with its costly intensive cultivation, spraying and fertilizing, here to be paid from the receiver’s funds, cannot await long periods of time in which to determine the funds available.

Appellant contends that the district court had no jurisdiction to appoint the receiver. There is no merit in this contention. In cause No. 10,391, decided December 30, 1944, the appellant…

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