Crocker v. United States

The question before the court arise on the motion of the defendants to dismiss the petition.

First. It is said that there is an absence of proofs required by rule 34 which requires the representative character of the trustee plaintiff to be filed with the petition in the form of a duly authenticated copy of the record of his appointment. But the rule does not require that proof of the appointment is necessary as an integral part of the original petition, or that the failure to do so at the time of filing- the petition is fatal. It does appear that subsequent to the filing of the original…