122 F.2d 193 | 9th Cir. | 1941
On January 25, 1938, we affirmed a judgment which, on petition of appellee, dismissed a proceeding by appellant under § 75 of the Bankruptcy Act, 11 U.S.C.A. § 203.
Section 75 applies only to farmers and “to partnerships, common, entirety, joint, community ownerships, or to farming corporations where at least 75 per centum of the stock is owned by actual farmers.”
The burden was not sustained. Appellant did not prove or attempt to prove that it was a farming corporation. Appellee attempted — needlessly—to prove that appellant was not a farming corporation. Whether appellee succeeded or not need not be determined, since appellant, not appellee, had the burden of proof.
Judgment affirmed.
McLaughlin Land & Livestock Co. v. Bank of America, National Trust & Savings Ass’n, 9 Cir., 94 F.2d 491.
Subsection s (4).
Sherwood v. Kitcher, 2 Cir., 86 F.2d 750; Beamesderfer v. First National Bank & Trust Co., 3 Cir., 91 F.2d 491; McLaughlin Land & Livestock Co. v. Bank of America, National Trust & Savings Ass’n, supra; Shyvers v. Security-First National Bank, 9 Cir., 108 F.2d 611, 126 A.L.R. 674; Benitez v. Bank of Nova Scotia, 1 Cir., 109 F.2d 743, 747— 750.
Davis v. Shackleford, 8 Cir., 91 F.2d 148, 150; Baxter v. Emory University, 5
Chase v. Wetzlar, 225 U.S. 79, 85-87, 32 S.Ct. 659, 56 L.Ed. 990; McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 181-190, 56 S.Ct. 780, 80 L.Ed. 1135; KVOS, Inc. v. Associated Press, 299 U.S. 269, 277-279, 57 S.Ct. 197, 81 L.Ed. 183; Electro Therapy Products Corp. v. Strong, 9 Cir., 84 F.2d 766, 767.