In re Franklin

LOWELL, District Judge.

At the date of the adjudication there was pending against the bankrupt in a state court a suit in which a bail bond had been taken. To protect the surety on that bond, the bankrupt had deposited with him a sum of money. After adjudication the plaintiff in the suit proceeded to judgment, and took out ex*667ecution, which he is seeking to enforce against the surety on the bail bond, but not against the bankrupt himself"; The trustee seeks to restrain the enforcement of (he judgment and execution, alleging that he had a good defense to the action, which he was prevented from…