Legal Opinion
M. C. Kiser Co. v. Georgia Cotton Oil Co.
Court of Appeals for the Fifth Circuit
Decided October 29, 1913No. 2,556PublishedCited by 1 opinion
Petition to Superintend and Revise Proceedings from the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. Petition in bankruptcy to superintend and revise an order of the District Court.
1Per curiam
General Order in Bankruptcy 13 (89 Fed. vii, 32 C. C. A. xvii) provides that:
“The appointment of a trustee by the creditors shall be subject to be approved or disapproved by the referee or by the judge.” •
*549In this case it appears that both the referee and the judge disapproved of the choice of the creditors for trustee. Under the facts as presented, we are not prepared to say that the discretion vested under the above rule was improperly exercised. See Collier on Bankruptcy (8th Ed.), pp. 886-889, and cases there cited.
The petition for a review is denied.
2Cited by1 opinion
- Graham-Brown Shoe Co. v. HollidayCourt of Appeals for the Fifth Circuit · 1929