Citizens National Bank of Lubbock v. John E. Speer, Trustee in Bankruptcy of C. M. Henderson Bankrupt

TUTTLE, Circuit Judge.

This is an appeal from an order of the trial court granting a new trial to the trustee in bankruptcy in a voidable preference suit brought against appellant, Citizens National Bank of Lubbock, Lubbock, Texas. Appellant seeks to escape the well-nigh inflexible rule that an order granting a new trial is not appeal-able 1 by contending that the order complained of was void as being outside the jurisdiction of the trial court. 2

The only facts necessary to an understanding of the issues before us are simple:

The trustee in bankruptcy, the appellee in this Court, sued to…