5 F.2d 964 | 1st Cir. | 1925
These two eases, heard together, are petitions for
In No. 1842 there is a technical objection, in that Wylly is both petitioner and disbursing officer. But he made the Comptroller General of the United States a party respondent, an assistant United States attorney accepted service for both respondents, and the appeal is prosecuted in behalf of both respondents. Wylly’s situation is therefore like that of a trustee under a will, seeking the instructions of the court as to conflicting rights among the beneficiaries, of whom he is one, and therefore appears as both petitioner and respondent. The objection is purely technical and without merit. On this point we reach the same conclusion as did the Supreme Court of Iowa in Cooper v. Nelson, 38 Iowa, 440.
In each case the decree of the District Court is affirmed.