Cunningham v. Mitchell

DIETRICH, Circuit Judge.

The instant proceeding was brought by the trustee in bankruptcy, appellee, to give finality and effect to litigation of unusual persistency. In re Rury (C. C. A.) 2 F.(2d) 331; Bowen v. Rury, 117 Wash. 30, 200 P. 789; Cunningham v. Mitchell, 126 Wash. 294, 218 P. 386; Mitchell v. Cunningham (C. C. A.) 8 F.(2d) 813. Upon the going down of the mandate in the last-named case, the decree of the lower court was modified to comply with the views expressed in our reported opinion. On January 14,1926, the judge of the superior court of Washington for Benton county indorsed his…