Page:Federal Reporter, 1st Series, Volume 6.djvu/175

 WALD V. WEHL. 163 �The demurrer to ilie indietment is susfained on the first ground; but, as it also appears that the defendant voted as charged in the indietment without having a lawful right to do so, the case is continued to await the action of another grand jury, or for prosecution by information, as the district attor- ney shall determine. ���Wald, Assignee, etc., v. Wehl, Assignee, etc. �{Circuit Cour!, S. D. New York. December 10, 1881.) ■ �1. BANKBUPTCT — JtJRISDICTION. �A voluntary petition in bankruptcy, signed and verifled by the agent of the debtor, will be sufflcient to sustain the jurisdiction of the bank- ruptcy court in a collateral proceeding. �2. Same— Von) AssiGNMBNT — Assignee en Bankrtjptcy. �An assignment for the beneflt of creditors, made within four montha of the filing of a voluntary petition in bankruptcy, is voidable at the suit of the assignee in bankruptcy. �In re Bdsenthal, 14 Blatchf. 146. �3. Same— Expanses Pbiob to Assionment in Bankruptct. �In sueh case the assignee for the beneflt of creditors should he al- lowed, upon an accounting, for ail proper expenses and services under the assignment, prior to the bringing of the suit to avoid the assign- ment. — [Ed. �Suit by an assignee in bankruptcy to set aside a voluntary assignment for the benefit of creditors. �Henry H. Anderson, for plaintiff. �Alexander Blumenstiel, for defendant. �Blatchford, C. J. This suit is brought by an assignee m bankruptcy, appointed by the district court of the United States for the southern district of Ohio, against a voluntary assignee of the bankrupts, to set aside a voluntary assign- ment made by them. The bankruptcy petition was voluntary. It purports, on its face, to be "the petition of Albert Netter and Gabriel Netter, partners as Netter & Co." It sets forth "that the said Albert Netter and Gabriel Netter, copartners, " etc. It states that schedule A, annexed, "and veiified by ��� �