Hicks v. Biddle

• (after stating the facts as above). The assignments of error question the integrity of the final decree granting relief to the complainant for failure of proof in two respects.

The first paragraph of the bill avers, among other facts, that “on the 5th day of October, 1917, orator T. W. Biddle was. duly appointed and qualified as trustee in bankruptcy of the estate of said H. P. Hicks, and is now such trustee and brings this suit in his capacity as such trustee.” These averments are denied by both of the respondents, and there is an absence of evidence proving, or tending to prove, these…