Page:Federal Reporter, 1st Series, Volume 7.djvu/471

 m BB lLoitd. 459 �is dravm out of a jury-box, in due course of the lot, gives the �defendant the legal right to have such person sworn aa one �of the jury. In Mansell v. The Queen, 8 E. <& D. 79, it is �said: �' ' There is no necessity or right that a person sliall be tried by particular jurymen till the prisoner has been given in charge to the jury." See, also, mu V. Tates, 12 East, 228. �The case cited from the Alabama reports (Parsons v. State, 22 Ala. 53) turned upon the provisions of the statute of the state, and appears to have been overruled by a subsequent case in the same state. WaMer v. The State, 40 Ala. 325. �The other points made in behalf of the defendant do not appear to be of sufficient importance to call for remark. �The motions are denied. ���In re LiiOTD, Bankmpt. �(Dittriet Court, W. D. Penmylvania. —, 1881, �1. Bankbuptct— Attoknetb' Fbbb. �Under the amended general orders in bankruptcy no allowances out of the estate of the bankrupt can be made to the attomeys of the petioning creditorg for having the debtor adjudged a bankrupt, ex- cept the t20 docket fee taxable 'to the prerailing party in a suit in equity. �In Bankruptcy. Sur application of Dr. J. T. Christy and J. W. Curry for the allowance of attorneys' fees, etc. �Geo. Shirar, Jr., and Geo. M. Reade, for report. �AcHEBON, D. I. This case is one in involuntary bankruptcy, �where the debtor resisted an adjudication. The active peti- �tioning creditors seek to be allowed for attorneys' fees paid or �incurred by them in prosecuting the case to adjudication. �The application for this allowance is made under general �order No. 31, whieh provides as follows': �" In case of involuntary bankruptcy, where the debtor resists an adju- dication, and the court, after hearing, shall adjudge the debtor a bank- rupt, the petitioning creditpr shall recover, to be paid out of thefund,'thei, same doets that are allowed by law to a party recovering in a suit in ��� �