In re Langford, Felts & Myers

Motions have been made in each of the above-entitled proceedings to fix and assess the special master’s fee of Mr. Lynn Helm, referee in bankruptcy of this court, alleged to be due because of his acting as special master in the matters in bankruptcy theretofore referred to him. Because of the fact that the question has been raised in these three proceedings as to the right and authority of this court to assess and fix special master’s fees in bankruptcy proceedings, I will, for purposes of convenience and a saving of time, consider them all herein.

In the case first above entitled, a petition in iñvoluntary bankruptcy was filed against the corporation, and, no opposition appearing, an order of adjudication, followed by the appropriate order of reference, was made by the judge. Thereafter there was presented to the District Court (Judge Wellborn presiding) by certain creditors a petition or motion to set aside and vacate the order of adjudication theretofore made, on the ground of alleged fraud in the matter of the presentation of the original involuntary petition. In due course this motion came on for hearing, whereupon, as appears from the minutes, the following order was…