SIMS v. DOUGLASS

No. 7842.

82 F.2d 812 (1936)

SIMS v. DOUGLASS.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 13, 1936.


Attorney(s) appearing for the Case

F. H. Lyman, Henderson Stockton, Emmett R. Feighner, and Eli Gorodezky, all of Phoenix, Ariz., for appellant.

Thomas W. Nealon and Alice M. Birdsall, both of Phœnix, Ariz., for appellee.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

From a judgment in favor of plaintiff in an action to recover an unlawful preference made by a receiver of bankrupt to defendant, the latter appeals.

Under 28 U.S.C.A. § 143 the terms of court controlling this case begin "on the first Mondays in April and October." The judgment was entered on July 2, 1934, during the April, 1934, term.

The certificate to the bill of exceptions does not contain any statement that the bill...

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