Heath

Heath v. Helmick

Good Law
173 F.2d 156·1949 U.S. App. LEXIS 3514
United States Court of Appeals for the Ninth CircuitMarch 4, 1949No. 11904California342 words

Opinion

Lead Opinion

The record shows that the certificate on review to the District Court was made by Hubert F. Laugharn, Referee in Bankruptcy, June 18, 1947. The judgment of the District Judge, dismissing the petitions for review, confirming the orders and adopting findings and conclusions of the referee, was signed and entered by the Honorable C. E. Beaumont on December 2, 1947. Appeal from this judgment was taken to this court December 26, 1947.

On April 12, 1948, a supplemental certificate on review was signed by David B. Head, who is not shown to have had any other connection with this cause, as Referee in Bankruptcy, adding various documents and exhibits. This was filed in the District Court and included as part.of record on appeal.. The referee had no power to file a supplemental certificate or additional record after the decision had been affirmed by the District Judge and especially after appeal had been taken.

On September 20, 1948, pursuant to a representation and motion based upon stipulation that the record required correction and supplementation under Federal Rules of Civil Procedure, rule 75(h), 28 U.S.C.A., this court granted an order permitting the addition- of certain other…

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