Saper v. Long

RYAN, District Judge.

Defendants move for leave to serve an amended answer pleading an additional defense that plaintiff is without legal capacity to sue because the court of Bankruptcy in which he was appointed Trustee was without jurisdiction to entertain the bankrupt’s voluntary petition or to administer the bankrupt estate. Defendants, with the pleadings so amended, also move for summary judgment.

It appears of record that on March 15, 1951, Riverside Iron and Steel Corp., a Nevada corporation, filed in this district a voluntary petition and was adjudicated a bankrupt; that the petition…