Morss v. Franklin Coal Co.

ARCHBALD, District Judge.

The respondent, in its answer, denies that it is insolvent, or has committed the act of bankruptcy charged; and further alleges that the petitioners are not entitled to *999maintain these proceedings, not being in fact creditors. Upon all of these three issues it demands a jury trial. But as to whether the petitioners are creditors, it is clear that it is not entitled' to any, unless the court sees fit to allow it. By section i8d of the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 551 [U. S. Comp. St. 1901, p. 3429]):

“If the bankrupt or aDy of his creditors shall *…