Bothwell v. Fitzgerald
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Idaho, and Petition for Revision under Section 24b, Bankr. Act July 1, 1898; Frank S. Dietrich, Judge. In the matter of bankruptcy proceedings o£ the American Falls Canal & Power Company.
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Appeal from the District Court of the United States for the District of Idaho, and Petition for Revision under Section 24b, Bankr. Act July 1, 1898; Frank S. Dietrich, Judge. In the matter of bankruptcy proceedings o£ the American Falls Canal & Power Company. Petition by Glenn R. Bothwell as bankrupt’s trustee to restrain T. B. Fitzgerald and another from maintaining proceedings in the state court for the appointment of a receiver, with authority to reconstruct a portion of a bankrupt’s irrigation system, in order to afford water to the complainants’ premises. From so much of an order as…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] This case comes here by appeal, and also upon a petition for revision. The assignment of errors indicates that the appeal is taken under section 24a of the Bankruptcy Act. The petition for revision is under section 24b of that act. As each of these methods of procedure is exclusive of the other (In the Matter of Loving, 224 U. S. 183, 32 Sup. Ct. 446, 56 L. Ed. 725; In re Mueller, 135 Fed. 711, 68 C. C. A. 349), we must determine which of the two methods this court is authorized to entertain.
[2] We are of the opinion that the question at issue is a…
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