Herman Keck Mfg. Co. v. Lorsch

Citations

• 179 F. 485
• 16 Ohio F. Dec. 432
• 1910 U.S. App. LEXIS 4668

Syllabus

<p>1. Bankruptcy (§ 463*) — Appeal—Record—Amplification.</p> <p>Where, on appeal from an involuntary bankruptcy adjudication, it appeared that the record did not contain all the evidence, though appellant's counsel claimed that it contained everything required for an examination of the questions sought to be reviewed, a motion to include additional matter will he granted, with the reservation of the right to de* termine which party should ultimately bear the expense thereof.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 463.*</p> <p>Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9.1</p> <p>2. Bankruptcy (§ 463*) — Appeal—Exhibits—Court Rules.</p> <p>An application to send to the Circuit Court of Appeals the original books and records' kept in the business of the bankrupt was not within the rule providing that,- where there are exhibits in the trial court which cannot be transcribed or brought up by proper representation, they may be ordered transmitted to the Circuit Court of Appeals as a part of the return to the appeal, in the absence of a showing that the books could not be transcribed or that representation by photographic copies, if necessary, could not be made.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 463.*]</p> <p>3. Bankruptcy (§ 474*) — Record—Printing—Payment by Receiver.</p> <p>-Where an alleged bankrupt appealed from an involuntary adjudication, he was not entitled to an order requiring a receiver of his property to pay the costs of the transcript and the printing of the record out of the proceeds of the bankrupt’s estate in his hands, because the bankrupt was without the means required for that purpose.</p> <p>[Ed. Note. — 'For other cases, see Bankruptcy, Dec. Dig. § 474.*]</p> <p>4. Courts (§ 405*) — Appeals in Forma Pauperis.</p> <p>An appeal cannot be taken to the Circuit Court of Appeals in forma pauperis.</p> <p>[Ed. Nóte. — For other cases, see Courts, Dec. Dig. § 405.*]</p>