The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 1,012
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250 FEDERAL REPORTER
an order cannot be collaterally attacked by an action against the referee
and his bondsmen to recover amounts allowed, even though the allowances
8. BANKRUPTCY :*:230--REFEEE-BONDS OF.
Bonds given by referees in bankruptcy, conditioned that such officials
shall faithfully discharge and perform all duties appertaining to the
office of referee, neither create nor give any right of action to the obligee
therein named, or for the use of persons for whom they are given, but
are merely collateral security for performance by the referee of the du-
ties imposed by the Bankruptcy Act.
At Law. Actions by the United States against Ezra Brainerd, Jr.,
and others, against W. T. Ward and others, and against R. H. Mat-
thews and others, referees in bankruptcy and their bondsmen. On de-
murrers to the petitions. Demurrers sustained.
Paul Pinson, Asst. Dist. Atty., of Tulsa, Okl.
N. A. Gibson, Jos. L. Hull, and T. L. Gibson, all of Muskogee, Okl.,
and- J. H. Gordon and E. E. McInnis, both of McAlester, Okl., for
POLLOCK, District Judge. The above-entitled and numbered cases
are each and all actions at law brought by the United States in its own
right and title to recover from defendants therein named, the same
being the referees in bankruptcy duly qualified and acting in the re-
spective referee divisions of this district, and their bondsmen, sums
of money allowed to and collected by said referees out of estates in
bankruptcy by them being administered under either general or special
orders in bankruptcy proceedings made hy the presiding judge of this
court, which said amounts so charged, collected, and received by de-
fendant referees are by the government said to have been in excess of
the compensation to them allowed by the provisions of the Bankruptcy
Act (Act July 1, 1898, c. 541, 30 Stat. 544).
To the said several petitions defendants therein have demurred. The
grounds of said demurrers are: (1) Want of sufficient statement of
facts to constitute a cause of action against defendants; (2) misjoinder
of causes of action. In so far as the latter ground for demurrer is
concerned, it is evident, if the demurrers be sustained, nothing of a
vital nature would be determined, for a separation of causes of action
could be ordered and all proceeded with.
The first ground for demurrer stated raises the substantial question
presented in these cases. These being actions at law, it is clear the
plaintiff must recover on the strength of its legal right or title to the
funds sought, or not at all. The question, therefore, in these cases
is: What, if any, legal right or title to the funds sought to be re-
covered does the plaintiff plead in its petitions. As the claims of the
government in all the above cases are of the same general nature, all
will be considered together.
 The moneys now in the hands of the several referees, sought to
be recovered by plaintiff, were retained by them out of estates in bank-
ruptcy being administered under the Bankruptcy Act in courts of bank-
4:=For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/1027/: accessed March 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.