United States ex rel. Ray v. Porter

DIETRICH, District Judge.

A motion is interposed by the defendant challenging the sufficiency of the complaint. He concedes that the allegations of insolvency are adequate, and the questions submitted relate to the sufficiency of the averments of an act of bankruptcy to bring the ease within the provisions of the United States Revised Statutes, § 3466 (31 USCA § 191). He relies mainly upon the ease of United States v. Oklahoma, 261 U. S. 253, 43 S. Ct. 295, 67 L. Ed. 638, and upon antecedent cases. More recent decisions of the Supreme Court have, I think, very greatly limited what at first I…