Sabin
Larkin-Green Logging Co. v. Sabin
Opinion
lead Opinion
Ross, J.
The real, and indeed only, question in this case is whether the involuntary bankruptcy proceedings of the estate of which the appellee is trustee are absolutely void. If so, the judgment must be reversed; ptherwise, affirmed — the attack upon them being collateral, and not direct.
The bill is one in equity to restrain the appellant from prosecuting an action it had commenced prior to the commencement of .the bankruptcy proceedings against the alleged bankrupt, and from proceeding under a writ of attachment procured in that action, and to establish the alleged right of the trustee to the property in question freed of all such claims on the part of the appellant. After alleging the due appointment of the appellee-as trustee in bankruptcy of the estate of the Consumers’ Lumber & Supply Company, and the corporate capacity of the appellant, the bill alleges that on April 17, 1913, a petition in involuntary bankruptcy was filed in the court below against the said Consumers’ Lumber & Supply Company, which petition is-in the bill set out at large, in which it is, among other things, alleged that certain named companies were creditors of the Consumers’ Lumber & Supply Company (the time,…