Schwartz v. Weingart

SWAN, Circuit Judge.

The question which this appeal attempts to present is whether the alleged bankrupts seasonably moved to dismiss the petition for insufficiency appearing on its face or whether they waived the right to make this obj ection, although their answer reserved it, by obtaining a reference to a master and proceeding to trial before him after he had denied their motion to dismiss. But before the merits of the controversy can be reached we are constrained to consider a question of jurisdiction.

The involuntary petition was filed by the appellants and three other creditors; the order…