In re Farmers' Dairy Ass'n
District Court, S.D. California
[n Bankruptcy. In the matter of the bankruptcy of the Farmers’ Dairy Association. Proceeding by Adolph Devi for review of order of referee denying his petition for the return of property. Adolph Devi filed his petition “in reclamation” for an order for the return to him of certain horses held by the trustee and which he alleged had been sold to the bankrupt on conditional sale, title to remain in him til] full purchase price was paid.
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[n Bankruptcy. In the matter of the bankruptcy of the Farmers’ Dairy Association. Proceeding by Adolph Devi for review of order of referee denying his petition for the return of property. Adolph Devi filed his petition “in reclamation” for an order for the return to him of certain horses held by the trustee and which he alleged had been sold to the bankrupt on conditional sale, title to remain in him til] full purchase price was paid. The referee, after hearing, ordered that said petition be “dismissed and denied.” A review by the judge was sought. The referee’s certificate on review…
1Opinion of the CourtBkedsoe, District Judge
(after stating the facts as above).
In this case, from the certificate sent up by the referee, it is impossible to determine the reasons which actuated him in arriving at the conclusion as to which a review is sought, and which resulted in the conclusion complained of. The order entered by the referee .is merely to the effect that the petition of reclamation filed by petitioner Levi is dismissed and denied. The court is not advised, therefore, of the findings of fact and conclusions of law, if any, arrived at by the referee.
[1-5] In a proceeding of this character, respecting ownership and…
2Cases cited4 opinions
- Van Allen v. FrancisCalifornia Supreme Court · 1899
- Perkins v. MettlerCalifornia Supreme Court · 1899
- Fontana v. Pacific Can Co.California Supreme Court · 1900
- Blackwell, Thompson & Co. v. Walker Bros. & Co.United States Circuit Court · 1880