Opinion
No. 5713.
May 27, 1929.
Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, Judge.
Proceeding by George P. Clark, trustee in bankruptcy of the estate of Edna G. Milens, against Edna G. Milens, for contempt in failing to obey a turnover order made by the referee. From an order dismissing the proceeding, the trustee appeals. Affirmed.
See, also, 28 F.2d 457.
Coan Rosenberg, of Portland, Or., for appellant.
James H. McMenamin, Thomas J. Cleeton, and Willis A. Potter, all of Portland, Or., for appellee.
Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.
This is an appeal from an order dismissing a proceeding for contempt for failure on the part of a bankrupt to obey a turnover order made by the referee. The case was heard on testimony in the court below and no record has been brought here except the opinion of that court. But the rule is well settled that on appeal recourse cannot be had to an opinion filed by the court below to ascertain the facts, where there is no evidence in the record and where the case was decided on issues of fact. Townsend v. Beatrice Cemetery Ass'n (C.C.A.) 138 F. 381, and cases there cited.
The order of the court below is affirmed.