Boyd

Whitla & Nelson v. Boyd

Good Law
130 C.C.A. 167·213 F. 587·1914 U.S. App. LEXIS 1915
United States Court of Appeals for the Ninth CircuitMay 4, 1914No. 2336California729 words

Opinion

lead Opinion

Ross, J.

[1] This being a petition to revise, under the provisions of section 24b of the Bankruptcy Act, the judgment of the District Court reversing, with directions, an order made by the referee in bankruptcy, questions of law only can be considered. It is doubtful whether it can be properly said that any such are before us; but, since there is some doubt, we overrule the motion to dismiss and consider the case upon its merits.

The demand of the petitioners, who are attorneys at law, was for services claimed to have been rendered the bankrupt. The demand was itemized; the first four items being as follows:

It contained an additional charge of $100 under date August 24th for “preparing proceedings, including objections and brief on objections and contesting receiver’s claim for allowance of fees and expenses to himself and attorney fees,” and also a series of charges for “attendance in bankruptcy court” on various specified days, at the rate of $50 a day; the whole claim aggregating $2,755. The referee allowed the claimants $2,750, and upon a petition to the court below for the revision of his decision the claim of the petitioners was reduced to $385.

[2] The provision of law upon…

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