Osborne v. Pennsylvania R. Co.

HOLLAND, District Judge.

This is a rule for costs o.n a nonresia trustee bankruptcy residing state New Jersey. Two matters of defense to the rule are set up: (1) The rule was not founded on an affidavit; and (2) the plaintiff is a trustee *302acting for the creditors of the bankrupt estate, and is not required to give security. Rule 9 in the district provides: '

“In every action in which the plaintiff: or complainant is not at the time of suit brought a resident of the Eastern district of Pennsylvania, or, being so, afterwards removes from the district, and in every other ease where a defendant, or…