19 Bill of Costs in Second Circuit. in No. October Term-Docketing cause and filing record, $5.00; entering appearance, $0.25; filing papers, ; filing motion, $0.25; entering order, $0.25; cost of certifying rec- Test.... Clerk U. S. Circuit Court of Appeals, Form No. 432 ORDER ON MANDATE (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 375.) At a Stated Term of the District Court of the United States, for the An appeal having been heretofore taken to the United States Circuit Court of Appeals for the .. Circuit, by .... a creditor herein from an order made in the District Court of the United States for the .... on the ........... day of ............ .... District of 19..., allowing the claim dollars of said creditor as a general claim for ($..........) and the said appeal having been duly heard by said court and said court having affirmed (or reversed) the order appealed from with costs taxed at the sum of $......... .. and with instructions to this court to enter a decree in conformity with the opinion of said Circuit Court of Appeals and the mandate of the said Circuit Court of Appeals being now before this Court, now on motion of is hereby attorney for it Ordered and adjudged, that the mandate of the Circuit Court of Appeals for the Circuit, dated .... 19..., be and the same hereby is made the order and judgment of this Court; and it is hereby Further ordered, that said order of be and the same is hereby affirmed (reversed or modified) with the costs of said dollars ($..........) costs on appeal and that he have execution therefor. D. J. Form No. 433 DECREE IN DISTRICT COURT AFTER MANDATE OF REVERSAL IN EQUITY SUIT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 376.) At a Stated Term of the United States District Court for the... This cause having duly come on to be heard before this court at an Equity Term thereof, held at the United States Court, in the City of .... on the ........ day of .... 19 and the plaintiff having appeared upon the trial by Esq., his counsel, and the defendants, his counsel, and the parties having introduced oral and documentary evidence, and having been argued by counsel and thereupon the court VOL. III-24 on ..... upon consideration thereof having made and filed its decision and a decree which were duly entered in the office of the clerk of this court 19..., and the defendants having thereafter filed assignments of error in this court and a petition for appeal to the United States Circuit Court of Appeals for the .... Circuit, which appeal was duly allowed, and a citation having thereupon been issued by the said United States Circuit Court of Appeals to the plaintiff citing him to appear upon said appeal, and due proceedings having been had in the said court upon said appeal wherein the said United States Circuit Court of Appeals made its order dated ..... 19..., ordering that the said decree be reversed and with instructions to this court to enter a decree in conformity with the opinion of said United States Circuit Court of Appeals, and the mandate of said United States Circuit Court of Appeals having been duly filed in this court on 19..., and an order having been made thereon by this court on the day of .... 19... making the order of the said United States Circuit Court of Appeals the order of this court, Now, therefore, in conformity with the opinion of the said United States Circuit Court of Appeals, it is Ordered, adjudged and decreed, etc. [Insert substance of decree.] Form No. 434 PETITION TO REVISE IN MATTER OF LAW In the District Court of the United States for the District of IN THE MATTER OF U. S. D. J. In Bankruptcy No. Bankrupt. To the Honorable, the Judges of the Circuit Court of Appeals of the ... Circuit of the United States: Your petitioner respectfully shows: That he resides at and is a creditors of a bankrupt, who was so ..... adjudged by the district court of the United States for the district of on the ........ day of ..... That, after such adjudication, the following proceedings were had in the case of the said bankrupt: 19... That, on the ..... ...... day of .... 19..., an order was granted and entered by said district court of the United States,14 a copy of which order is hereto annexed, That said order was erroneous in matter of law in that:15 Wherefore, your petitioner, feeling aggrieved because of such order, asks that the same may be revised in matter of law by your honorable court, as provided in § 24-b of the Bankruptcy Law of 1898, and the rules and practice in such case provided. [Add verification as in Form No. 22.] Petitioner. Cross-references.-Consult §§ 24 and 25, and General Order XXXVI, though the latter seems to refer to appeals only. If the petition is to the district court in the first instance, this form should be addressed to the district judge. What reviewable. [See § 25, ante.] A summary proceeding against one in possession of assets alleged to belong to bankruptcy estate, is a proceeding in bankruptcy, and the jurisdiction of C. C. A. is confined to revision of the decree (U. S. Sup.). First Nat. Bank of Chicago v. Chicago Title and Trust Co., 14 Am. B. R. 102, 198 U. S. 280, 49 L. Ed. 1051. Schweer v. Brown (U. S. Sup.), 12 Am. B. R. 673, 195 U. S. 171, 49 L. Ed. 144. In re Hecox (C. C. A., 8th Cir.), 21 Am. B. R. 314, 164 Fed. 823, 90 C. C. A. 627. Moore v. Green (C. C. A., 4th Cir.), 16 Am. B. R. 648, 145 Fed. 480, 76 C. C. A. 250. In re McMahon (C. C. A., 6th Cir.), 17 Am. B. R. 530, 147 Fed. 684, 77 C. C. A. 668. As to dower right. In re McKenzie (C. C. A., 8th Cir.), 15 Am. B. R. 679, 142 Fed. 383, 73 C. C. A. 483. |