Hall v. Reynolds

Citation231 F. 946
Decision Date25 March 1916
Docket Number4497.
PartiesHALL v. REYNOLDS et al. In re LEWIS PUB. CO.
CourtU.S. Court of Appeals — Eighth Circuit

Homer Hall, of St. Louis, Mo. (Claud D. Hall, of St. Louis, Mo., on the brief), for appellant.

W. C. Marshall and W. W. Henderson, both of St. Louis, Mo., for appellee King.

Stern & Haberman and Eugene H. Angert, all of St. Louis, Mo., for appellee Reynolds.

Before SANBORN and CARLAND, Circuit Judges, and TRIEBER, District judge.

CARLAND, Circuit Judge.

This case was before the court at a former term on a petition to revise. 224 F. 103, 139 C.C.A. 659. It was there held that an appeal was the proper remedy for reviewing the questions sought to be reviewed. The case is now here on appeal.

The appeal is from an order of the District Court confirming an order of the referee in bankruptcy which allowed Claud D. Hall and S. H. King jointly the sum of $1,000 for legal services rendered by them as attorneys for the petitioning creditors in the matter of the Lewis Publishing Company, a bankrupt, with a further allowance to Mr. Hall of $34.30 for costs advanced by him as such attorney.

We have carefully read the evidence in the record and are of the opinion that the concurring judgment of the referee and the District Court is just and right as to the amount to be allowed to the attorneys named for the services rendered. We are also of the opinion that the court ought not to be called upon to settle differences between counsel as to what proportion of the total amount allowed each should receive. The primary object of bankruptcy proceedings is the distribution of the estate of the bankrupt to his creditors in equal proportions, after the reasonable expenses of administration are paid.

Judgment below affirmed.

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2 cases
  • In re Diamond Fuel Co.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • March 2, 1925
    ...is another matter. But the right to an allowance for such services is plain. In re Southern Steel Co. (D. C.) 169 F. 702; Hall v. Reynolds, 231 F. 946, 146 C. C. A. 142; In re Consolidated Distributors (C. C. A.) 298 F. 859. Services rendered by attorneys for the class of creditors who have......
  • Morse & Tyson v. Irving-Pitt Mfg. Co.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • March 12, 1927
    ...decided by this court and other federal courts to admit of serious controversy. Hall v. Reynolds (C. C. A.) 224 F. 103; Id. (C. C. A.) 231 F. 946. The second contention would present a question of law, and an appropriate matter for revision, if the assignments of error in this respect are f......

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