Perkins v. Dorman

POPE, District Judge.

This is an involuntary proceeding in bankruptcy, brought by a single petitioner, alleging a claim of more than $500, and that the total number of the creditors of the alleged bankrupt is less than 12. It is stipulated that the petitioner is related to the defendant within the third degree of affinity by reason of defendant having married his sister. The case is now presented upon a motion to dismiss, upon the ground that an invóluntary petition may not be prosecuted by such a relative as the sole petitioner.

This contention is urged upon the terms of section 59e of the…