Fontaine v. . Westbrooks

During the pendency of the appeal, the defendants, Westbrooks and Albright, were adjudged bankrupts on their own petition in the District Court of the United States for the district of Pamlico.

The account of plaintiff being disputed, the plaintiff, on the 25th February, 1869, filed a petition in said District Court against said bankrupts, alleging that said claim was litigated, and praying that he be permitted to prosecute his said suit to judgment.

The District Court made the following order, upon the hearing of said petition:

"It is determined, and the Court doth now so order and grant, that…