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Nor reviewable en motion to amend order appealed from.

In re Henschel (D. C., N. Y.), 8 Am. B. R. 201, 114 Fed. 968.
Jurisdiction.

Supreme Court no jurisdiction under section 24-b of Act to review an order of the District Court of Porto Rico, determining a member of a bankrupt co-partnership to be a general partner and his personal estate liable for the firm debts.

Munsuri v. Fricker (U. S. Sup.), 27 Am. B. R. 344, 222 U. S. 121, 56 L. Ed.

121.

Circuit Court of Appeals no jurisdiction under this section to control the discretion of a court of bankruptcy in the matter of appointment or removal of referees.

Birch v. Steele (C. C. A., 5th Cir.), 21 Am. B. R. 539, 165 Fed. 577, 91 C. C. A. 415.

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In re Richards (C. C. A., 7th Cir.), 3 Am. B. R. 145, 96 Fed. 935, 37 C. C. A. 634.

In re Baker (C. C. A., 4th Cir.), 4 Am. B. R. 778, 104 Fed. 287, 43 C. C. A. 536.

In re O'Connell, 14 Am. B. R. 237, 137 Fed. 838, 70 C. C. A. 336; In re Pettingill & Co., 14 Am. B. R. 757, 137 Fed. 840, 70 C. C. A. 338.

Petition should set forth the questions of law, clearly and specifically, by which petitioner considers himself aggrieved by decision of lower court, and set forth the facts upon which such order was made.

In re Taft (C. C. A., 6th Cir.), 13 Am. B. R. 417, 133 Fed. 511, 66 C. C. A. 385.

Steiner v. Marshall (C. C. A., 4th Cir.), 15 Am. B. R. 486, 140 Fed. 710, 72 C. C. A. 103.

In re Pettingill & Co. (supra).

Devries v. Shanahan (C. C. A., 4th Cir.), 10 Am. B. R. 518, 122 Fed. 629, 58 C. C. A. 482.

Form No. 435

ORDER OF DISTRICT COURT ALLOWING PETITION FOR REVISION IN

MATTER OF LAW

In the District Court of the United States for the

District

of

IN THE MATTER OF

In Bankruptcy No.

Bankrupt.

Whereas, application has been made for revision in matter of law

by the circuit court of appeals of the

circuit of the

United States of the order entered herein on the ... ... day of 19..., and the court being satisfied that the question there determined is one of which revision may be asked, as provided in section 24-b of the bankruptcy law of 1898, and that the application should be granted; on motion of

attorney for the petitioner,

It is ordered:

...

That the order of this court, made and entered herein on the day of .....

Esq.,

....

19..., be revised in matter of law by the .. circuit of the United

circuit court of appeals of the

States, as provided by section 24-b of the bankruptcy law of 1898,

and the rules and practice of that court.

That the clerk, within

.... days from this date, prepare, at

the expense of the petitioner, a certified copy of such order and of the record of this case pertinent to such order, and file the same with the clerk of such circuit court of appeals.

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Use this form only in case application is made to the district court in the first instance. If application is made to the Circuit Court of Appeals, a formal order allowing the review is often not entered, but the case is at once docketed and the clerk gives notice of the pendency of the petition for revision to the respondent

Form No. 436

NOTICE TO RESPONDENT ON REVISION

In the District Court of the United States for the ..... .. District

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Please take notice that a petition, a copy of which is served on you herewith, is pending in the circuit court of appeals of the

... circuit of the United States, and that you are required

16

to answer, plead, or move to dismiss the same within days from the date of this notice, or, in case of your default, the same may be granted and a mandate issued accordingly.

Witness, the Honorable, the judges of the circuit court of appeals of the ..... .. circuit, and the seal of said court, at

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Cross-references.- See §§ 24 and 25 ante, and the forms just ante.

In the first circuit, this notice takes the form of an order to show cause entered as of course. This form can be easily modified to fit that practice. It is thought to combine both the features of a mere notice and the more formal elements of an order to show cause.

Form No. 437

NOTICE OF MOTION FOR STAY PENDING REVIEW (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 379.) United States District Court,

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Upon all the proceedings had herein and on the petition to review the order and decree entered herein on the ...... day of ... 19..., directing that (etc.)

...

.....

filed in the clerk's

....

office of the United States Circuit Court of Appeals for the Circuit, on or about 19..., I shall move this court at day of...

......"

a session thereof to be held on the ... 19..., at .... A. M., or as soon thereafter as counsel can be heard, for a stay of all proceedings herein on said final order and decree,

16. This time is usually fixed by rule.

pending said petition to review; also for such other and further relief as to the court may seem proper.

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(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 76.)

At a stated term of the District Court of the United States, in and for the

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fied, the petition to review herein, and on motion of attorney for said petitioner, and sufficient reason appearing therefor, it is

to ...

Ordered, that further proceedings to enforce the order made and entered herein dated .., be stayed, pending the hearing and determination of the petition for review herein, upon the filing in this court by the petitioner of a

supersedeas bond, with good and sufficient sureties to the satisfaction. of the court in the sum of $.....

U. S. D. J.

Form No. 439

ORDER OF CIRCUIT COURT OF APPEALS ON REVISION

At a session of the Circuit Court of Appeals for the
Circuit, held at the city of ...

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in the

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...

...

Circuit Judge;
Circuit Judge, and

Judge.

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asking for revision in matter of law of the order of the district court of the United States for the

... district of ...

in bankruptcy, made and entered in the above entitled cause, and due notice of such petition having been given the respondent and the same having been regularly heard,17 appearing for the petitioner, and

respondent, and this court being satisfied that:18

Esq.,

Esq., for the

It is ordered:

That the said petition of

the same hereby is, dismissed, [granted]
refers to
.] with costs.

17. Here specify how, as " and submitted on briefs without oral argument;" or as the facts may be.

for a revision be, and [granted in so far as it

18. Here recite briefly the decision as to whether or not error in law was committed by the court below.

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