Hollywood Youths, Inc. v. Mistrot

Presented here is the simple question whether the court below erred in setting aside a default order adjudicating appellee a bankrupt pursuant to service by publication, upon his motion filed within forty-four days setting up that he was available for service within the district; and where appellants made no showing that he was not in the district or available for personal service of process. The argument before us by both parties proceeds upon the assumption that the adjudication was properly under 11 U.S. C.A. § 41(a)1 and 28 U.S.C.A. § 1655.2 *400Appellants acknowledge the general…