A restraining order directed to the debtor and "all other persons' need not contain the names of those persons if the order is served upon the persons to be restrained. (In re Sady Bryan Mining Co., 6 N. B. R. 252; Fed. Cas. 7980.) Where the injunction is modified so as to allow the sheriff to sell the attached property, provided he deposits the proceeds subject to the further order of the court, such order must be strictly followed, and the deposit cannot be dispensed with by consent. (In re Mickel et al., 19 N. B. R. 374; Fed. Cas. 9529.) Where an injunction has been granted by the bankruptcy court restraining the sheriff from selling under an execution from the state court, in seeking to have the injunction dismissed the judgment creditor should proceed by a motion to dissolve it. If the creditor proceeds by a petition to dismiss the injunction, the injunction will be continued. (In re Mallory, 6 N. B. R. 22; 1 Sawy. 88; Fed. Cas. 8991.) The debtor's discharge in bankruptcy operates as a dissolution of an injunction restraining creditors from suing pending adjudication. (In re Thomas, 3 N. B. R. 7; Fed. Cas. 13890.) An order forbidding all proceedings to enforce a claim upon which an attachment is founded is not violated by the dismissal of an appeal in a state court by an order denying the motion to quash and vacate the attachment for want of prosecution, the bankrupt's counsel being present and not desiring to proceed. (In re Hirsch, 2 N. B. R. 1; 2 Ben. 493; 1 Amer. Law T. Rep. Bankr. 92; Fed. Cas. 6529.) Where funds belonging to a bankrupt have been misused, the wrong-doers will be enjoined from collecting rents from the real estate in which the bankrupt has any legal or equitable interest. (Keenan v. Shannon et al., 9 N. B. R. 441; 10 Phila. 219; 31 Leg. Int. 85; Fed. Cas. 7640.)

Suits in general.- If the exempted property of the bankrupt has been wrongfully seized on execution, the bankrupt has the same rights before the state tribunals as any other person whom it is sought to deprive of a homestead. (In re Everitt, 9 N. B. R. 90; Fed. Cas. 4579.) Where the time has elapsed within which a discharge could be granted, the proceedings in bankruptcy are not terminated without a discharge, so that a right of action will be revived. (Wood v. Hazen, 15 N. B. R. 491; sec. 29.)

Where the assignee was not made a party to partition proceedings of real estate, he may sell the bankrupt's undivided interest therein. (Smith v. Scholtz et al., 17 N. B. R. 520.) The assignee, in a judgment obtained in the federal court, on which execution issued and under which the marshal sold, is entitled to the proceeds of the sale, although the judgment, execution and levy under it were subsequent to a judgment, execution and levy of proceeds from a state court. (In re Jordan, 3 N. B. R. 45; Fed. Cas. 7513.) The dissolution by a state court of a corporation before the adjudication in bankruptcy, but after service of the order to show cause, does not deprive the bankrupt court of jurisdiction or abate the proceedings. (Platt v. Archer, 6 N. B. R. 465; 9 Blatchf 559; Fed. Cas. 11213.)

b. The court may order the trustee to enter his appearance and defend any pending suit against the bankrupt.

For corresponding feature of act of 1867, vide notes under "c," this section.

When assignee may become a party.- The assignee is entitled to be made a party to suits pending in the state court by or against the bankrupt at the time of the commencement of bankruptcy proceedings, and the bankrupt will be enjoined from interfering. (Samson v. Burton, 4 N. B. R. 1; Fed. Cas. 12285.) As to the time when an assignee may enter his appearance in a suit begun by the bankrupt before bankruptcy pro ceedings, it has been held that he may do so more than two years after his appointment. (Latting v. Fassman et al., 17 N. B. R. 183.) If a conventional trustee, claiming title under assignment, files a bill to recover assets belonging to the estate, an assignee may intervene by a supplemental bill. (Collateral Security Bank v. Fowler, Trustee, 12 N. B. R. 289.) Where an assignee of a bankrupt defendant was appointed during pendency of the action, the other defendants cannot make the assignee a party defendant, or, if they have claim for contribution against the bankrupt, the remedy is by intervention in the bankruptcy proceedings. (Oliver v. Cunningham et al., 19 N. B. R. 400; Fed. Cas. 10433.) The assignee cannot be compelled to become a party to an action against the bankrupt by the court in which the action is pending. (Serra é Hijo v. Hoffman & Co., 17 N. B. R. 124.) If the assignee appears and pleads in an action he waives the want of notice before the bringing of the suit. (Rowe v. Page, 13 N. B. R. 366.) A plea of a discharge (Serra é Hijo v. Hoffman & Co., 17 N. B. R. 124), or the defense of usury, is a personal one to the bankrupt, and such defense is not available by the assignee. (In re Kitzinger et al., 19 N. B. R. 152; Fed. Cas. 7861.)

c. A trustee may, with the approval of the court, be permitted to prosecute as trustee any suit commenced by the bankrupt prior to the adjudication, with like force and effect as though it had been commenced by him.

[Act of 1867. SEC. 14. . . . he may sue for and recover the said estate debts and effects, and may prosecute and defend all suits at law or in equity, pending at the time of the adjudication of bankruptcy, in which such bankrupt is a party in his own name, in the same manner and with the like effect as they might have been presented or defended by such bankrupt.

SEC. 16.

If, at the time of the commencement of proceedings in bankruptcy, an action is pending in the name

of the debtor for the recovery of a debt or other thing which might or ought to pass to the assignee by the assignment, the assignee shall, if he requires it, be admitted to prosecute the action in his own name, in like manner and with like effect as if it had been originally commenced by him.]

Suits prosecuted by trustee.-The assignee may prosecute or not, at his election, any action commenced by the bankrupt before bankruptcy, the subject-matter of which passes to the assignee; where it does not pass, the bankrupt has the right to prosecute it (Towle v. Davenport, 16 N. B. R. 478), as in the case of a right of action for a mere personal injury. (Noonan v. Orton, 12 N. B. R. 405.) Upon the question as to the effect of the assignee's refusal to prosecute a suit in which he is entitled to enter his appearance, the decisions are conflicting, it having been held on the one hand that such a suit must be dismissed (Towle v. Davenport, 16 N. B. R. 478), and on the other that it may be prosecuted in the name of the bankrupt. (Noonan v. Orton, 12 N. B. R. 405.) A suit in equity is rendered defective merely by the bankruptcy of the plaintiff, and the assignee may be brought forward by supplemental bill. (Collateral Security Bank v. Fowler, Trustee, 12 N. B. R. 289.) Where an appellant in the supreme court of the United States becomes bankrupt after his appeal is taken, his assignee in bankruptcy may, on motion, be substituted as appellant in the case. (Herndon v. Howard, 4 N. B. R. 61; 9 Wall. 664.) Where at the time a firm is adjudged bankrupt there is pending an action for accounting by one partner against another, the right to continue the suit passes to the assignee, and such partner will be enjoined from further proceeding. (In re Clark et al., 3 N. B. R. 123; 4 Ben. 88; 1 Amer. Law T. Rep. Bankr. 189; Fed. Cas. 2798.) The assignee on motion may have a case reinstated which has been compromised and dismissed by the bankrupt's counsel before the assignee's appointment, but after adjudication, although the bankrupt had assigned the subject-matter of the action to the counsel for his fees. (Home Ins. Co. v. Hollis, Ass., 14 N. B. R. 337.) Where an assignee in bankruptcy was rade party plaintiff with the wife of a bankrupt in a suit instituted in the name of the husband and wife on the choses in action owned by the wife before marriage, and judgment was recovered, the assignee may enforce such judgment and distribute the money among the creditors. (In re Boyd, 5 N. B. R. 199; 2 Hughes, 349; Fed. Cas. 1745.) An assignee upon petition in a state court may have a judgment set aside which was obtained within four months prior to bankruptcy. (Jordan, Ass., v. Downey, 12 N. B. R. 427.)

The right of a bankrupt who, prior to commencement of proceedings in bankruptcy, had brought suit, reverts to him to commence such action after the trustees in bankruptcy have completed their trusts, filed their final accounts and been discharged, if nothing has been done by

said trustees in the original suit in the interval. (Connor v. Southern Express Co., 9 N. B. R. 138.) Where, more than two years after his appointment, an assignee was substituted as plaintiff in an action commenced in the name of the bankrupt, and a recovery was had in the action, it was held that the bankrupt could not claim the amount recov ered on the ground that the limitation of the bankrupt law barred his remedy at the time of the substitution. (Maybin v. Raymond, Ass., 15 N. B. R. 353; 4 Amer. Law T. Rep. (U. S.) 21; Fed. Cas. 9338.)

Actions by trustees.-Suit by the assignee must be brought within the period of limitation prescribed by the Bankrupt Act. (Andrews, Ass., v. Dole et al., 11 N. B. R. 352; Fed. Cas. 373.) When he sues to establish title to and recover possession of real estate and the defendant pleads the statute of limitations, the fact that the assignee did not discover the property until a short time before instituting his action will not relieve him from the bar of the statute. (Norton v. De La Villebeuve, 13 N. B. R. 304; 1 Woods, 163; 2 N. Y. Wkly. Dig. 4; Fed. Cas. 10350.) The assignee may sue in a state court for the enforcement of any right vested in him by the Bankrupt Act, as for the recovery of property transferred in fraud of that act (Cook v. Waters et al., 9 N. B. R. 155); for the proceeds of the sale of goods of the bankrupt under an attachment issued within four months of the institution of proceedings. (Dambmann v. White et al., 12 N. E. R. 438.) He will not be a party to an action brought for the recovery of property alleged to have been wrongfully taken and converted by the bankrupt, and which was seized by the sheriff and delivered to the plaintiff, unless it is shown that there is good reason for believing that the bankrupt has some right to the property in dispute. (In re Gunther et al. v. Greenfield, 3 N. B. R. 179.)

The assignee may institute and prosecute to final judgment suits to recover the assets of the bankrupt in a Uited States court in a district other than that in which the decree in bankruptcy is entered. (Dutcher v. Wright, Ass., etc., 16 N. B. R. 331; 94 U. S. 553.) He cannot impeach a conveyance of property of moderate value by the bankrupt to his wife when the bankrupt was in prosperous circumstances. (Smith et al. v. Voles, Ass., 13 N. B. R. 433; 92 U. S. 183.) The assignee may bring a suit in the circuit court to set aside a fraudulent conveyance of property by a bankrupt, after his discharge, which was concealed by the bankrupt. (Nicholas, Ass, v. Murray et al., 18 N. B. R. 469; Ted. Cas. 1023.) He is not restricted to suing in the district courts in cases prescribed by the Bankrupt Act, by reason of being an assignee in bankruptey, but may sue in the circuit court when, if an ordinary suitor, by the provisions of the Judiciary Act he would be entitled to sue in such court. (Payson v. Dietz, 8 N. B. R. 193; 5 Chi. Leg. News, 434; 30 Leg. Int. 313; Ted. Cas. 10:51.)

An assignee who sues to recover property alleged to have been fraudulently conveyed by a bankrupt is not bound by a former decision that

the same allegations of fraud set up by a creditor in opposition to the bankrupt's discharge had not been proved as a matter of fact. (In re Penn et al., 8 N. B. R. 93; Fed. Cas. 10928.) At the assignee's suit, a general assignment for the benefit of creditors may be set aside. (Jackson, Ass., v. McCulloch et al., 13 N. B. R. 283; 1 Woods, 433; 1 N. Y. Wkly. Dig. 534; Fed. Cas. 7140.). A subsequent judgment creditor is not a necessary party in a suit between the assignee in bankruptcy and a prior judgment creditor. (Traders' Nat. Bank v. Campbell, 6 N. B. R. 353; 14 Wall. 87.)

The assignee may prosecute an action in trover for the recovery of property unlawfully and fraudulently transferred by the bankrupt. (Foster, Ass., v. Hackley, 2 N. B. R. 131; 2 Amer. Law T. Rep. Bankr. 8; 1 Chi. Leg. News, 137; Fed. Cas. 497.) Also to set aside a conveyance claimed to be void under a statute. (Thurmond v. Andrews and Wife, 13 N. B. R. 157.) He may sue at law to recover the balance due on a subscription of stock, and an order of the district court that the amount unpaid upon said stock should be paid by a certain date is conclusive as to his right to bring such suit. (Sanger v. Upton, Ass., 13 N. B. R. 226; 91 U. S. 56.)

The assignee of a bankrupt corporation does not represent creditors in their legal or equitable right to proceed against a trustee of the corporation for the purpose of excluding said trustee from any share in the assets, on the ground that he had made himself individually liable for the debts of the corporation by having, as an officer thereof, made false reports. (Bristol, Ass., v. Sanford, 13 N. B. R. 78; 12 Blatchf. 341; Fed. Cas. 1893.)

The assignee may proceed either at law or in equity to obtain possession of books claimed both by him and by an assignee of the bankrupt's own choosing. (Rogers v. Winsor, 6 N. B. R. 246; Fed. Cas. 12023.) A statement in a complaint that the plaintiff is assignee in bankruptcy may be treated as surplusage or as descriptio persona. (Dambmann v. White et al., 12 N. B. R. 438.)

Jurisdiction of courts.- A state court may entertain an action brought by an assignee to recover money received as a preference. (Kemmerer v. Tool, 12 N. B. R. 334.) Any circuit court having jurisdiction of the parties has jurisdiction of a claim to a part of the proceeds of a judgment where the assignee denies the claim. Whenever a state court has jurisdiction over controversies between the assignee and third parties, the circuit court has jurisdiction independent of the bankrupt law, if the proper citizenship of the parties exists. (Burbank v. Bigelow et al., Ass., 14 N. B. R. 445; 92 U. S. 479; Knight v. Cheny, 5 N. B. R. 305; Fed. Cas. 7883.) The district courts have jurisdiction of suits brought by assignees appointed by other district courts in bankruptcy cases. (Lothrop v. Drake et al., 13 N. B. R. 472; 91 U. S. 516.) If an assignee in bankruptcy submits himself to the jurisdiction of a state court he cannot,