In re Levi & Klauber

WALLACE, Circuit Judge.

We have no doubt of the competency of the court below to dismiss the petition in involuntary bankruptcy upon the motion of the debtor, made because of the default of the petitioning creditors to prosecute the proceeding; nor do we doubt that the exercise of the power in this case was a matter of discretion which this court cannot review, when it does not appear that the discretion was abused.

If the present creditors, or any of the creditors of the alleged bankrupt, had filed petitions to intervene, or proofs of debt, or had appeared otherwise in the proceeding, a…