Rutherford v. Elliott

This is an appeal under section 25a of the Bankruptcy Act The appeal was allowed by the District Judge. Appellee now moves to dismiss because the allowance was not made by this court, and insists that the effect of the amendment of May 27, 1926, is to require such special allowance. The amendment was made in the language of section 24b. As amended, it reads:

“Such power shall be exercised by appeal and in the form and manner of an appeal, except in the eases mentioned in said section 25 to be allowed in the discretion of the appellate court.” 44 Stat. 664.

In view of the known purpose of this…