Ryan

This is an appeal from an order or decree denying an adjudication in bankruptcy and dismissing the involuntary petition. The transcript on appeal consists of (a) report of the referee recommending a dismissal of the petition or a stay of proceedings; (b) exceptions to that report; (c) opinion or decision of the court denying the adjudication and dismissing the petition; (d) petition for an appeal, and order allowing same; (e) assignments of error; (f) statement or record on appeal; (g) order approving record or statement on appeal, and various other orders relating to* the removal of the cause and the filing of the record in this court. That part of the transcript styled “Record on Appeal” sets forth the contentions of the respective parties, but contains none of the testimony. Section lSd of the Bankruptcy Act provides that:

Section 1 (16) of the act provides that:

And referring to these provisions in Re King, 179 Fed. 694 , 103 C. C. A. 240 , the court said:

When the court below denied the adjudication and dismissed the petition, it was in possession of the entire case, and had before it, not only the report of the referee, which is contained in the record, but the 459 pages…