Bankruptcy
CHARLES CORRERO & CO. et al. v. BARTON et al.
166 F. 1019·United States Court of Appeals for the Fifth Circuit·1909
Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.
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Opinion
CHARLES CORRERO & CO. et al. v. BARTON et al.
(Circuit Court of Appeals, Fifth Circuit.
February 23, 1909.)
No. 1,687.
Appeal from the District Court of the United States for the Eastern District of Louisiana.
Henry L. Himel and Monte M. Lemann, for appellants. Gustave Lemlo, for appellees.
Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
In this case a petition by Barton and others, creditors, was filed against the firm of Charles Carrero & Co. asking to have them adjudicated bankrupts. Upon hearing adjudication was denied. Thereafter, on application, a new trial was granted, and thereafter leave was granted to amend the original petition by charging other and further acts of bankruptcy. This appeal questions the right to grant the new trial and allow the amendments. We are of opinion the questions presented were within the discretion of the District Court. See General Order No. 11 (89 Fed. vii, 32 O. C. A. xlv). However this may be, our examination of the record satisfies us that the action of the court was correct. The other assignments of error are not well taken. The judgment appealed from is affirmed.