In re Gibney Tire & Rubber Co.

DICKINSON, District Judge.

[1] The ground of bankruptcy averred in the petition is that designated as “5” in Bankr. Act, § 3, subsec. “a” (Comp. St. 1916, § 9587), to wit, an admission in writing of the inability of the alleged bankrupt to pay its debts and its willingness to be adjudged a bankrupt. The process section of the act (Comp. St. 1916, § 9602) allows five days beyond the return day of the subpoena within which creditors may intervene as parties and as such file answer to the petition. The adjudication here was prior to the expiration of *880the five days. The entry of judgment as…