Smith v. Cooper
Court of Appeals for the Fifth Circuit
Appeal from and Petition for Revision of Proceedings in the District Court of the United States for the Southern District of Georgia.
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Appeal from and Petition for Revision of Proceedings in the District Court of the United States for the Southern District of Georgia. John R. L. Smith and J. T. Hill filed in the court below in Re Macon Sash, Door & Lumber Company, Bankrupt, their application for payment out of the bankrupt estate of their fees as attorneys for the petitioning creditors, and for services rendered under employment of authority of the court to the receiver and trustee in said bankruptcy matter. The court referred the application to a special master, with directions to “take testimony and report * * * the…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). In considering an appeal from the allowance of attorney’s fee in a case of involuntary bankruptcy, the Circuit Court of Appeals for the Seventh Circuit (In re Curtis et al., 41 C. C. A. 61, 100 Fed. 785, 786), said:
“In the administration of an estate in bankruptcy the law permits the allowance of ‘one reasonable attorney’s fee for the professional service actually rendered * * * to the petitioning creditors in involuntary cases.’ 30 Stat. c. 541, § 64b, subd. 3 [U. S. Comp. St. 1901, p. 3447]. The act grants an appeal to this court from an order of the…
2Cited by8 opinions
- In re Standard Fuller's Earth Co.District Court, S.D. Alabama · 1911
- In re Southern Steel Co.District Court, N.D. Alabama · 1909
- In re WilliamsDistrict Court, N.D. Ohio · 1917
- A. Dreher & Co. v. National Surety Co.Supreme Court of Alabama · 1911
- In re WeissmanDistrict Court, D. Connecticut · 1920
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