Page:Federal Reporter, 1st Series, Volume 10.djvu/128

116 TEDEBAIi EEPORTER. �winding up of the business was in a considerable measure entrusted to the assigner, who was employed by the assignee ; but I do not lind suiScient evidence to show that the assigner was eitheroverpaid for his services, or that the assignment was made, or was intended to be made, subsidiary to bis own purposes. Whatever errors existed seem to me errors in management rather than in anything belonging to the as- signment in its inception. The plaintiff shows varions eircumstances raising doubts of good faith, but he called the defendants as bis own witnesses. He is bound by their answers where not shown erroneous, and they have given their answers to such suspicions eircumstances. The proofs do not go beyond suspicion, and this is not enough. The bonds required from the assignee f urnish security to the creditera for a true account by him of the assets coming to his hands, or witb which he is justly chargeable, and for the faithful discharge of his duties, �I do not think I should be justified, either upon thelawor the facts, in setting the assignment aside as fraudulent a'gainst creditors, and the bill must therefore be dismissed, with costs. ���Allen & Ce. v. Thompson. (District Court, W.D. Tennessee. January 7, 1882.) Baitkrbptct — Vacating Discharge — Want op Notice — Rbv. St. } 5109 — �JUEKDICTION — WHAT PETITION ShOULD SHOW. �If no notice be given to the creditors of the separate application for a dis- charge, as required hy Rev. 8t. § 6109, the certificate of discharge will be vacated on petition of the creditors. The district court has inherent power, by necessary implication, from the statuts to entertain a petition for that purpose. It seems that the petition should show a ground for withholdlng the discharge if set aside, but it was not for special reason required in this case. Same — Partners— Opposing Dischargb — Want of Jurisdiction in the Court — Bankkupt Not a Resident nor Doing Business in the District — Objbctioii, When Must bb Takbn — When Waived. �The creditors, when notified that bankruptcy proceedings have been com- menced, must promptly, by a motion or petition to vacate the adjudication, object to the jurisdiction of the court, or the objection is waived. They can- not prove their debts, appoint an assignee, distribute the estate, use the proceeds for their beneflt, and for the flrst time object to the jurisdiction in opposition to the discharge. An application to vacate the certificate for want of jurisdiction of the original bankruptcy petition by copartners, be- cause one of the members of the flrm did not reside within, or the flrm do business within, the district, as required by statute, was denied. These facts will be presumed in favor of the jurisdiction, however the truth may be, especially if the petition defectively states enough from which jurisdictional facts may be inferred. ��� �