Paine

Paine v. Archer

Good Law
147 C.C.A. 265·233 F. 259·1916 U.S. App. LEXIS 2460
United States Court of Appeals for the Ninth CircuitMay 1, 1916No. 2676California422 words

Opinion

lead Opinion

Gilbert, J.

(after stating the facts as above). [1] It does not appear that on June 30, 1915, the time of the hearing in the court below, any claim for taxes had been filed or was considered by the court. The transcript shows that the claim of Chehalis county for taxes was, not presented until July 16, 1915. There is nothing whatever in the record to show that the claim was ever allowed, or that it was at any time brought to the attention of the court below. Such being the case, no ground is presented here to review the decision of that court as to the priority of a claim for taxes, since it does not appear that any error was committed in the matter complained of.

[2] It remains to be considered whether the'court below erred in giving to the respondent's claim priority to the costs and expenses of administration'in the court of bankruptcy. From the fact that the court below ordered the payment of the respondent's claim as entitled to priority, we may assume that upon the hearing it was shown to the court that the allowance so made to the respondent by the superior court was for services rendered prior to the adjudication in bankruptcy for necessary work and labor in the preservation of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.