Page:Federal Reporter, 1st Series, Volume 9.djvu/560

IN BE ELMENDOEF. 545 �remaining was subordinate to his superior right, it was proper to con- tinue the injunction. But as his rights are now barred by section 5057, no benefit to the estate of the bankrupt can possibly arise from a longer continuance of the injunction, and it -would be unjust to deprive the judgment creditors of whatever right may still remain to them to prosecute to judgment the bill for equitable relief which was filed before the proceedings in bankruptcy were begun. To con- tinue the injunction when it can serve no useful purpose to the bank- rupt's estate, would be to turn the process of this court into a shield against the investigation of alleged frauds. It is for the court in which that action is brought to determine ultimately what rights still remain to the plaintiffs in the pending suit, and no impediment should be longer interposed by the injunction of this court. �An order may be entered dissolving all injunctions and stays upon the prosecution of that suit. ���In re Elmbndobf. {District Court, S. B. New Yorh. December 12, 1881.) �1. BAKKRUPTcr— Dbposits undeb Rbv. 8t. § 5124. �The bankrupt is entitled to be reimbursed for a deposit made with the clerk under the provisions of section 5124 of the Bevised Btatutes, provided it did net form a part of his estate. �In Bankruptcy. �W. H. Morrison, for bankrupt. �W. H. Gihson, for assignee. �Brown, D. -J. This is an application by the bankrupt for an order directing the assignee to repay to him, ont of theassigned estate, cer- tain fees and disbursements necessarily paid by him to the clerk, marshal, etc., in the course of the proceedings in bankruptcy, or for disbursements which those officers would have necessarily in- curred. Among the items so asked to be repaid to the bankrupt is the sum of $50, deposited with the clerk, pursuant to section 5124, on April 30, 1878, prior to the issuing of the warrant, to the repay- ment of which the assignee objects. The bankrupt's voluntary peti- tion was filed April 13, 1878. �Rule 29 of the general orders in bankruptcy provides that "the fees of the register, marshal, and clerk shall be paid or secured in all cases v.9,no.9— 35 ��� �