Clements v. Eggleston

The trustee did not have to obtain the consent of the bankrupt court to file the present bill in the state court. Cartright. v. West, 155 Ala. 619, 47 So. 93. The statute and authorities referred to by counsel for the appellant relate to suits begun by the bankrupt and the right of the trustee to prosecute them .to a finish, and not to suits originally commenced by the trustee as in the present instance.

Of course, fraud cannot be properly charged by way of conclusion merely, but we think the present bill sets up sufficient facts to meet the requirements of the rule. Moody v. Moody (Ala. Sup.)…