McClyman

The appellants, as creditors of the alleged bankrupts, filed their involuntary petition in bankruptcy to have declared bankrupt appellee Hamilton and the partnership known as Brunson & Bunch. The case is here on appeal from a judgment of the United States district court dismissing the petition as to Hamilton “both as a member of the partnership of Brunson & Bunch [holding he was not a partner] and individually.” •

It is alleged in the petition that Hamilton is a general partner of Brunson & Bunch; that Hamilton and the firm each are insolvent ; that the petitioners’ claims arose out of. loans to Hamilton and the partnership and are unsecured and fixed as to liability and liquidated as to amount; and that Hamilton and the partnership each had committed several specified acts of bankruptcy, several under 11 U.S.C.A. § 21 , sub. a (2) and one under 11 U.S.C.A. § 21 , sub. a (1).

Separate orders of general reference as to Hamilton individually and as to the partnership were issued. The partnership failed to plead and was adjudged a bankrupt by default prior to the entry of the judgment , here appealed from. Hamilton “for himself alone and none other” responded to the petition by…