In re La Jolla Lumber & Mill Co.
Opinion
lead Opinion
Trippet, J.
B. B. Harlan presented a claim to the referee for allowance. The trustee objected to the allowance of the claim, and filed written specifications of his objections. The referee disallowed some of the items of the claim, but allowed the claim for the sum of $9,532.41. The matter comes before the court on a petition of the trustee to review the order of the referee allowing the claim.
[1, 2] I will consider the specifications of error in the order in which they appear in the petition for review. The first assignment of error is that the referee erred in sustaining objections to certain questions. When the objections were made to questions, the referee was not informed concerning the evidence which the trustee proposed to elicit by asking said questions. The court, therefore, cannot determine that the referee erred in sustaining the objections. The alleged error to the effect that the claim was not sufficient in form is not well taken. No¡ reason was pointed out in argument to the court why the claim was not sufficient in form. The claim that the burden of proof was on the tnist.ee is immaterial. Concerning the question as to whether the claim is barred by the .statute of…