Study aid, not legal advice. caselaw is not a law firm and does not provide legal advice or engage in the unauthorized practice of law (UPL). All briefs, outlines, and citation tools on these pages are educational summaries for law students; they are not a substitute for advice from a licensed attorney admitted in your jurisdiction. Bar-admission rules vary by state. For court filings or client matters, verify every authority against the official reporter and your court's local rules. Use of caselaw does not create an attorney-client relationship.
In re WILKES BARRE YELLOW CAB CO., Inc., 1931 — 53 F.2d 1024 · caselaw · US
Bankruptcy
In re WILKES BARRE YELLOW CAB CO., Inc.
53 F.2d 1024·United States District Court for the Middle District of Pennsylvania·1931
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In re WILKES BARRE YELLOW CAB CO., Inc.
No. 7284.
District Court, M. D. Pennsylvania.
Nov. 27, 1931.
H. H. Weintraub, of Wilkes Barre, Pa., for bankrupt.
E. C. Marianelli, of Wilkes Barre, Pa., for trastee in bankruptcy.
Jenkins, Turner & Jenkins, of Wilkes Barre, Pa., for petitioning creditors.
[MAJORITY — WATSON, District Judge.]
WATSON, District Judge.
The order of the referee is before this court for review on the certificate of the referee. The record certified by the referee contains no petition for review filed with the referee in accordance with General Order 27 (11USCA § 53). The General Order is mandatory in requiring a petition of the party desiring a review. In the absence of such, a petition, this court has no authority to review an order made by the referee. In re Finkelstein, 3 F.(2d) 1006 (D. C. E. D. Pa.).
The District Court should look solely to the referee’s certified return in disposition of the application for review. In re Pearlman (C. C. A.) 16 F.(2d) 20'.
I have examined the record ns though it were properly before the District Court, and bankrupt’s contentions are without merit.
Now, November 27, 3931, the application for review of the order of the referee is dismissed.