Fox v. Aubel-Scott-Kitzmiller Co.

»HOUGH, Circuit Judge

(after stating the facts as above). [1] The procedure below was indefensible. The proper referee instituted a proceeding which on its face was plainly within the jurisdiction of the court and of himself as an officer thereof. That jurisdiction was challenged without even responding to the. referee’s process, and by means of an order to show cause issued by the judge in charge of the bankruptcy court.

This method of defense is in itself undesirable because it converts what ought to be an orderly trial into a conflict of affidavits usually (as in this case) largely…