Page:Federal Reporter, 1st Series, Volume 9.djvu/211

196 FEDERAL REPORTER. �ble causes of action set forth as to make it proper now; on tins mo- tion, to compel the plaintiff to divide the suit into a suit or suits at law and a suit or suits in equity. If this is to be done at all, it should be done only as the resuit of pleading. The same remark applies to any questions of multifariousness or misjoinder of causes of action or of parties. �I see no sufficient ground in the papers for requiring the plaintiff at present to give additional in junction security to the trustees ; and, although the notice of motion includes the giving further security to the exeoutors, there is nothing in the moving .affidavits on that eubject. ���In fe Hendeeson.* (District Court, 8. D. Ohio, W. D. November 11, 1881.) �1. Involtintaby Bakkriiptct — Action for Recovbrt of Debt — Bah. �A proceerting in involuntary bankruptcy is net one for the recovery of the creditor's debt, but to secure a distribution of the debtor's property among all his creditors; and therefore the proseoution of an action bythe creditorfor the recovery of his debt is not a bar to his proceeding against the debtor in bankruptcy. �2. Same — Amendmbnt to Petition — New Act of Bankbttptct. �An amendment to the petition charging that the conveyancea, whiph were specifically set forth in the petition, and which were therein alleged to be fraudulent and without consideration, were also made, if there was any con- sideration, with intent to prefer certain persons to whom the conveyances were made, does not charge a new act of bankruptcy, and should be allowed. �3. Same — Jurisdiction— Number and Amount. �That the petitioning creditors constitute one-fourth in number and one- third in amount of the debtor's creditors and indebtedness is not, in the proper sense of the term, & jurisdietwnal fact. �Ex parte Jewett, 2 Lowell, 393, followed. �4. Same — Same — Same — Repbal op Bankrupt Law — "Penbing" Case. �A proceeding in involuntary bankruptcy was "pending," within the mean- ing of the act of June 7, 1878, repealing the bankrupt law, when that act went into force, although the required number and amount had not thea joined as petitioning creditors ; and the court bas power thereafter to permit other cred- itors to join as petitioning creditors. �Bateman e Harper, for petitioners. Follett, Hyman d Dawson and Thos. Millikin, contra. Swing, D. J. This is a proceeding in involuntary bankruptcy, The second defence of the answer sets up that, after the filing of the �*Keported by J. C. Harper, Esq., of the Cincinnati bar ��� �