In re Greek Mfg. Co.

• Decision Date: 23 September 1908
• Docket Number: 2,971.
• Citation: 164 F. 211
• Parties: In re GREEK MFG. CO.
• Court: U.S. District Court — Eastern District of Pennsylvania

164 F. 211

In re GREEK MFG. CO.

No. 2,971.

United States District Court, E.D. Pennsylvania.

September 23, 1908

George Wentworth Carr, for National Cash Register Co.

T Henry Walnut, for objecting creditor.

J. B McPHERSON, District Judge.

At a meeting on April 20, 1908, the referee decided a dispute concerning the ownership of a fund produced by the sale of a cash register, and entered an order awarding the money to the bankrupt's trustee. It appears from the certificate that counsel for the National Cash Register Company was not present, and that the order was made without a full examination of the authorities. The certificate goes on to state that:

'Shortly after the entry of the order, the referee received a brief filed by the attorney for the cash register company, and upon its receipt and after a reargument entered the order complained of.'

This second order, which is now under review, was entered on May 29th, and is attacked upon the ground that it was entered without authority the argument being that, as no petition to review the order of April 20th had been presented within the period required by the rule of court that applies to this subject, that order had become final.

This objection raises a question of practice that should be settled.

General order 27 (89 F. xi, 32 C.C.A. xxvii) is in the following language:

'When a bankrupt, creditor, trustee, or other person shall desire a review by the judge of any order made by the referee, he shall file with the referee his petition therefor, setting out the error complained of, and the referee shall forthwith certify to the judge the question presented, a summary of the evidence relating thereto, and the finding and order of the referee thereon.'

This method of reviewing an order is exclusive; but it will be observed that no time is fixed within which the petition must be filed with the referee. How long the time shall be is therefore left to be regulated by the courts as they may think proper, and they have agreed that unless a rule upon this subject has been adopted a reasonable time is sufficient. In this district the practice since December, 10, 1904, has been governed by the following rule:

'Unless the petition be afterwards allowed by a judge of the District Court for cause shown after notice to opposing interests, a review of any action or order of a referee must be asked for by petition presented to him before the

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