In re Henderson

Swing, D. J.

This is a proceeding in involuntary bankruptcy. The second defence of the answer sets up that, after the filing of the *197petition in bankruptcy, the petitioning creditor began a civil action against the debtor for the recovery of his debt, and had prosecuted the same to judgment, thereby securing a lien upon the defendant’s property; and alleges that, by reason thereof, the petitioner is estopped from prosecuting this proceeding. To this defence a general demurrer is interposed.

I think the demurrer is well taken. Bankruptcy proceedings are not instituted for the recovery of the…