In re Schwartz

We feel assured that the order complained of was erroneous. We pass by the point that the motion was directed only against Mr. Cohen, as trustee, while the order affected injuriously Mr. Cohen individually, and we pass to the really important question as to whether, under the circumstances above shown, the court had any power or authority to enter a summary judgment against Mr. Cohen and award execution against his own proper goods.

Mr. Cohen had been discharged as trustee, the estate was closed, and the only method by which any further administration of the assets in bankruptcy, or of the…