England

Appellant, John O. England, trustee in’ bankruptcy of the estate of James P. Nyhan, brings this appeal from an order of the district court affirming the order of the referee in bankruptcy who sustained a plea to the summary jurisdiction of the bankruptcy court entered by the appellee, David Nyhan. '

The present issue arose out of a petition filed in the bankruptcy court by which appellant sought an order permitting him to sell a license or permit to operate eight taxi cabs in the City of San Francisco free and clear of any claim of the appellee. It was-there alleged that on November 17, 1941,. an involuntary petition in bankruptcy was-filed against James P. Nyhan; that he had', been subsequently adjudged a bankrupt; that on November 11, 1941, he had owned' and was entitled to possession of the taxi-permit; that David Nyhan, brother of the Bankrupt, claimed some interest in the permit but in fact any possession he might have of the permit was as an agent or trustee for the bankrupt.

In response to the order to show cause-issued by the bankruptcy court, David: Nyhan filed a verified plea to the jurisdiction of that court in which he contended, that the petition of the trustee…