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Form No. 417

ASSIGNMENT OF ERRORS

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 360.)

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files the following assignment of errors on appeal from order of this Court dated ...

First. That the United States District Court for the..... District of ... erred in finding that the bankrupt failed to apply timely for a discharge in the earlier involuntary proceeding instituted against him.

Second. That the Court erred in finding that such alleged failure to apply for a discharge in the earlier proceeding rendered the question of the right of the bankrupt to a discharge herein from his debts then scheduled, res adjudicata.

Third. That the Court erred in denying a discharge herein to the said bankrupt.

Fourth. That the Court erred in failing to find that the bankrupt should be granted a discharge from his debts unless and except he has committed an offense or performed one of the acts specified and set forth in Section 14 of the United States Bankruptcy Act, and the amendments thereto, and that the Court is not authorized to extend the provisions of that section and refuse a discharge upon any other grounds than those therein set forth.

Wherefore, he prays that said order may be reversed and his discharge granted.

By

Solicitor for Bankrupt.

Assignment of errors.-See § 25, ante.

Not jurisdictional. Lockman v. Lang et al. (infra).

On appeal should be specific; but amendment may be permitted.

Flickinger v. First Nat. Bank of Vandalia (C. C. A., 6th Cir.), 16 Am. B. R. 678, 145 Fed. 162, 76 C. C. A. 132.

Failure to file under Rule XV of C. C. A.

Bernard, Trustee v. Lee (C. C. A., 4th Cir.), 31 Am. B. R. 436, 210 Fed. 583, 127 C. C. A. 219.

Filing considered.

Lockman v. Lang et al., 12 Am. B. R. 497, 132 Fed. 1.

And, also, s. c. 11 Am. B. R. 597, 128 Fed. 279, 62 C. C. A. 550.

Errors not specifically assigned, need not be considered by appellate court.

Boonville Nat. Bank, etc. v. Blakey, 6 Am. B. R. 13, 107 Fed. 891, 47 C. C. A. 43.

In re Gutterson, 14 Am. B. R. 495, 136 Fed. 698.

Under some circumstances an assignment of errors is amendable.

Flickinger v. First Nat. Bank of Vandalia (supra.)

Long v. Farmers' State Bank (C. C. A., 8th Cir.), 17 Am. B. R. 103, 147 Fed. 360, 77 C. C. A. 538.

Form No. 418

BOND ON APPEAL

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 361.)

District Court of the United States,

District of

IN THE MATTER OF

No.

Bankrupt.

KNOW ALL MEN BY THESE PRESENTS:

That we,

as principal, and

of

.....

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as surety are held and firmly bound unto the above named in the sum of for the payment of which well and truly to be made we bind ourselves, our and each of our heirs, representatives, successors and assigns, jointly and severally, firmly by these presents.

Sealed with our seals, and dated this ... day of

19...

Whereas, the above named

......

has prosecuted or is

about to prosecute an appeal to the United States Circuit Court of

Appeals for the

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Circuit to reverse the final decree (or order) in the above entitled proceeding entered in the office of the clerk of the United States District Court for the

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...

day of

Now, therefore, the condition of this obligation is such that if the above named shall prosecute his appeal to effect, and answer all damages and costs if he fails to make said appeal good, then this obligation shall be void, otherwise the same shall be and remain in full force and virtue.

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Bond on appeal.-See § 25, ante.

Bond must, on perfection of appeal, be filed and approved.

Williams Bros v. Savage (C. C. A., 4th Cir.), 9 Am. B. R. 720, 120 Fed. 497, 56 C. C. A. 647.

Dodge v. Knowles, 114 U. S. 430, 29 L. Ed. 144.

Lockman v. Lang et al., 12 Am. B. R. 497, 132 Fed. 1. In re Barton's Estate,

16 Am. B. R. 569, 144 Fed. 540.

When trustee need not file (§ 25, c).

When appeal is allowed within time limit, it will not be dismissed because of a few days' delay in filing the bond.

Columbia Iron Works v. Nat. Lead Co. (C. C. A., 6th Cir.), 11 Am. B. R. 340, 127 Fed. 99, 62 C. C. A. 99. In re T. E. Hill Co., 17 Am. B. R. 517, 148 Fed. 832, 78 C. C. A. 522. In re Quality Shop (C. C. A., 7th Cir.), 29 Am. B. R. 854, 202 Fed. 196, 120 C. C. A. 410.

Bond on appeal from order of adjudication held sufficient, although it does not run to all the petitioning creditors.

Flickinger v. First Nat. Bank (C. C. A., 6th Cir.), 16 Am. B. R. 673, 145 Fed. 162, 76 C. C. A. 132.

Without a supersedeas, appeal does not suspend the execution of an order or stop its enforcement.

In re Brady, 21 Am. B. R. 364, 169 Fed. 152.

Form No. 419

NOTICE OF FILING OF BOND ON APPEAL

(Hagar and Alexander's Bankruptcy Forms (2d Ed.], No. 362.)

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Please take notice that the bond for the appeal herein has been this day filed in the office of the clerk of the District Court of the United States, for the

and given by

of

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District of
of

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and executed

.. and

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Form No. 420

STIPULATION AS TO RECORD ON APPEAL

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 363.)

United States Circuit Court of Appeals,

Circuit.

IN THE MATTER OF

Bankrupt.

Whereas in the above entitled proceeding the bankrupt,

did on the ..... day of...

........

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duly file in the District Court of the United States for the District of ......., a petition for appeal, a citation and assignment of errors, which said appeal was allowed by order of the District Court upon said day (and the time to certify the record having been duly extended,)

Now, therefore, it is hereby stipulated that the record to be certified to this Court by the Clerk of the United States District Court for the .., on said appeal,

District of

shall consist of the following:

1. Order of adjudication and reference.

2. Petition for discharge and order thereon.

3. Referee's certificate thereon.

4. Notice of objection to discharge.

5. Opinion denying discharge.

6. Petition for appeal.

7. Citation.

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