Williams Bros. v. Savage

Citations

• 120 F. 497
• 56 C.C.A. 647
• 1903 U.S. App. LEXIS 4505

Syllabus

<p>1. Bankruptcy — Discharge — Appeal — Time of Taking — Sufficiency of Record.</p> <p>Bankr. Act 1898, § 25 [U. S. Comp. St. 1901, p. 3432], requires an appeal from a decree granting a discharge to be taken within 10 days. Circuit Court of Appeals Rule 14, subd. 3 (31 C. C. A. liv, 90 Fed. liv), provides that no case will be heard until a complete record, containing in itself all the papers, exhibits, depositions, and other proceedings which are necessary to the hearing in that court, has been filed. The record on an appeal from a bankrupt’s discharge was certified to by the clerk as a true transcript of a part of the record, proceedings, and judgment, as ordered by appellant’s counsel. The record showed the order of discharge dated July 15, 1901, and petition for an appeal, accompanied by an assignment of error, without anything to show when it was presented, or when the order granting its prayer was made or filed, or whether it was filed at all. There was a citation, dated January 25, 1902, returnable February 20, 1902, and extended by order to March 15, 1902. No appeal bond appeared to have been filed. It appeared in the discussion at bar that the discharge was granted upon oral testimony. Held, that the appeal must be dismissed, it not appearing that it had been filed in time in the District Court, nor that the transcript had been filed at the term next succeeding the taking of the appeal, nor that the court was in possession of the testimony, so as to enable it to review the case on its merits.</p>