Burns Bros. v. Cook Coal Co.

WOOLLEY, Circuit Judge.

Although the record is informal almost to the point of being fatally defective we are disposed, in view of the “plain error” it discloses, to take the appeal within the spirit of our Rule 11 and decide the ease on the merits.

After answering an involuntary petition in bankruptcy, the coal company, the alleged bankrupt which we shall call the debtor, resorting to section 19 of the Bankruptcy Act (11 USCA § 42), demanded and was accorded a trial by jury on the issues of its insolvency and the acts of bankruptcy alleged in the petition. The court directed a verdict for the…