[Download] "Ross v. Drybrough" by Second Circuit Circuit Court Of Appeals # Book PDF Kindle ePub Free

eBook details

Title: Ross v. Drybrough
Author : Second Circuit Circuit Court Of Appeals
Release Date : January 30, 1945
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 49 KB

Description

When this case was before us upon the first appeal (Ross v. Drybrough, 2 Cir., 149 F.2d 676, 677) we remanded it to the District Court to decide in its discretion whether Ross might "still be in a position to seek to compel the trustee to prosecute objections to respondents claim or, in default of such action, to ask permission himself to act in the name of the trustee." The District Judge has now held that, regarded as an application by Ross to appeal "in the name of the trustee," our order of affirmance had finally disposed of it, and that it was no longer before him. He then held that, regarded as an application to compel the trustee to appeal, it contained "no direct request for such relief," a phrase which we had used in our opinion. For that reason he refused to consider the application upon the merits at all, adding that in any event it was too late for the trustee to appeal.