95 U.S. 252 (____)


Supreme Court of United States.

Attorney(s) appearing for the Case

Mr. Stanley Matthews and Mr. J.B. Foraker for the appellant.

Mr. Henry L. Dickey, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

The validity of the first objection to this appeal depends upon whether the proceeding in the District Court is to be treated as a suit in equity or as part of the suit in bankruptcy. If the former, the appeal lies; but if the latter, it does not.

The pleading filed by the assignee was appropriate in form for a petition in the bankrupt suit, but it was equally...

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