In re Parkening

Petitioner, adjudged a bankrupt and ordered discharged, has appealed from an order of the district court holding that it refused to take jurisdiction of a petition by petitioner to restrain the sheriff of Los Angeles County, California, from paying over to one Jules Arnold $373.26, held by the sheriff. This money had been seized by the sheriff under a writ of execution on a judgment against petitioner secured by Arnold in a case in the superior court of that county. The California court had held the judgment to be based upon a liability for obtaining money or property under false pretenses and hence one from which petitioner is not relieved from liability on his adjudication as a bankrupt. Arnold, though having notice, filed no claim in the bankruptcy proceeding. Petitioner had acquired the $373.26 since the adjudication. The district court held the petition before it did not present the “unusual circumstances” of Local Loan Co. v. Hunt, 292 U.S. 234, 241 , 54 S.Ct. 695 , 78 L.Ed. 1230 , 93 A.L.R. 195 .

Petitioner seeks an order restraining the sheriff from paying over to Arnold the moneys so held by him pending his appeal and restraining Arnold from suing out any further writs…