E. R. Sherburne Co. v. Wellenstein, Krause & Co.

MORTON, District Judge.

The motion to dismiss and the plea in abatement for lack of proper service have been heard together. The motion, of course, relates only to the record. The facts which are relied on in support of the plea are contained in an agreed statement.

The E. R. Sherburne Company was, upon an involuntary petition, adjudicated bankrupt. The present defendant was not a party to the petition. After the adjudication, it filed a proof of claim, on which Mr. Withington appeared as its attorney. Pie also appeared for it in several related matters in the bankruptcy proceedings and was…