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105 F. 501

Docket No. 2,741.

In re Russell

California Northern District Court

Decided December 28, 1900.)

California Northern District Court · decided 1900-12-28

<p>Bankruftcy — Refekee’s Decision — Review—Petition.</p> <p>Where a creditor, whose claim has been disallowed by tbe referee, fails to lile a petition for review with the referee, as required by General Order No. 27 (18 Sup. Ct. viii.), the application for review will he dismissed.1</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1900-12-28

How this case has been cited

Cited by 9 later decisions — most recently September 1936

2 federal appellate · 4 district ·

401900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Bankruftcy — Refekee’s Decision — Review—Petition.

¶2Where a creditor, whose claim has been disallowed by tbe referee, fails to lile a petition for review with the referee, as required by General Order No. 27 (18 Sup. Ct. viii.), the application for review will he dismissed.1

¶4DE HAVEN, District Judge.

¶5It appears from the certificate of the referee that H. L. Davis filed his claim against the estate of the bankrupt for the sum of §416.39. Written objections were made to its allowance by other creditors, and upon consideration the claim was rejected by the referee. The opinion and order of the referee are accompanied by his certificate, which recites that, “the attorney for said claimant having duly excepted to my ruling hereiu, said question is hereby certified to the Honorable -John J. De Haven for his opinion.” Me 27 of the general orders in bankruptcy (18 Sup. Ct. viii.) prescribed by the supreme court is as follows:

“When a bankrupt, creditor, trustee, or other person shall desire a review by the judge of any order made by the referee, ho shall file with the referee his petition therefor, setting out the error complained of; and the referee shall forthwith certify to the judge the question presented, a summary of the evidence relating thereto, and the finding and order of iho referee thereon.”

¶6This rule does not seem to have been complied with by the creditor. It does not appear from the certificate of the referee or from any paper returned to this court that any petition for the review of the order of the referee rejecting his claim has been filed by him with the referee. In the absence of such a petition, this court is not authorized to review the action of the referee. The application for a review of the ruling of the referee will therefore be dismissed.

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