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IN RE McALLISTER

No. 316.

7 F.2d 9 (1925)

In re McALLISTER.

Circuit Court of Appeals, Second Circuit.

April 13, 1925.

Attorney(s) appearing for the Case

Andrew J. Ewald, of New York City (Macklin, Brown & Van Wyck, and Paul Speer, all of New York City, of counsel), for receiver in supplementary proceedings.

Thomas A. McDonald, of New York City (Wm. F. Purdy, of New York City, of counsel), for trustee in bankruptcy.

Before ROGERS, HOUGH and HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

Sections 809 and 810, Civil Practice Act, are but copies of Code Civ. Proc. §§ 2468 and 2469, with one immaterial omission; the Code sections stood unchanged from 1892 until their re-enactment in and by the Practice Act. Consequently there is a long train of judicial comments on the statute, of which it is enough to cite Matter of Ward, 186 App. Div. 652, 175 N.Y.S. 66, holding that the title of a...

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