Hurley v. Devlin

POFLOCK, District Judge.-

There is but one question raised by the plea for decision. It arises in this manner: Subdivision “b” of *269section 23 of the National Bankruptcy Act (Act July 1, 1898, c. 541, 30 Stat. 552 [U. S. Comp. St. 1901, p. 3431]), as amended by Act Feb. 5, 1903, c. 487, § 8, 32 Stat. 798 [U. S. Comp. St. Supp. 1905, p. 686], provides:

“Suits by the trustee shall only be brought or prosecuted in the courts whore the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy bad not been instituted, unless by…