Sullivan v. Mosser

In the District Court appellant did not raise the question or make any point of the fact that no notice had been given to the cestuis que trusten-t. His only contention was that the court lacked power to name the trustees. In this court he argues that the action of the court deprived the certificate holders of their rights, and that a bankruptcy court, while possessing equitable powers, is not a general court of equity. It is a creation of a Congressional statute which is the source of its power and limitation on that power. In other words, if the power to appoint trustees is not in the Act,…