Page:Federal Reporter, 1st Series, Volume 6.djvu/492

 480 FEDERAL EBPOETBE. �But without questioning the jurisdiction of the court in a proper case to stay proceedings in a state court -where the assignee is a party, or where his rights as assignee are in any way to be afifected by the litigation, I cannot see that in this case the plaintiff bas any sufficient ground in equity to stand upon. He is not sued. He is in no sense a party to the litigation. The fund he represents is in no danger. His rights as assignee to the property are in no way being menaced or questioned. The little property there was, was voluntarily turned over to the marshal. About one-half the goods, or $200 in value, was set off to the bankrupt by the assignee as exempt under the laws of Wisconsin, and approved by order of the court. The rest of them have been sold by the assignee and turned into money, the avails, about $206, beiug nowin the hands of the assignee, ready to be distributed. �Under these circumstances, there would seem to be no suf- ficient reason for setting aside the sale to Bromley, or staying proceedings in the state court. �If anything was to be gained by it to the assignee, and so to the creditors generally, then the suit would be proper; then would there be a reason for its existence. Or if the prop- erty was still held by Bromley, and a suit was necessary to recover it, there would then exist a good reason for bringing the suit to set the sale aside and recover the property. So if the assignee were sued in the state court for taking the property. But aside from some sueh motive of benefit or interest to the assignee, as the representative of ail the cred- itors, it is difficult to see what ground the assignee has to stand upon to maintain a suit to set aside a sale held valid under the state law, and to stay litigation between two cred- itors of /the bankrupt. The suits which the assignee can maintain should be for the benefit of the creditors generally, and not in the interest of a particular crediter only. �The assignee may safely look on and see litigation go on between certain creditors, so long as he is in no way a party to it, and cannot be bound or in any way aiiected by the results of such litigation, It is time enough for him to ��� �