In re Cornelius

Corson, J.,

Petitioner has filed a petition to have a receiver appointed for Charles F. Cornelius under the Pennsylvania Insolvency Act of June 4,1901, P. L. 404, alleging his insolvency. Respondent has moved to dismiss the petition, for the reason that it does not aver that the respondent is one of the class to whom the Federal Bankruptcy Act does not apply, and that therefore this court does not have jurisdiction.

The controlling question is whether the Pennsylvania Insolvency Act is suspended by the Federal Bankruptcy Act. There is ample authority in earlier cases to support the contention…