Edward Terry Sanford

“ Even if one partner may maintain a petition such as this to have the partnership adjudicated a bankrupt-a question not now determined-yet to the extent that it seeks to have the partnership adjudged bankrupt as against non-consenting partners resisting such an adjudication, it is, manifestly, an involuntary proceeding. ”

“ The question whether Shugert's right to maintain the petition in bankruptcy for the purpose of having the partnership and the defendants adjudged bankrupt-if any he had-is one which abated with his death, or one which survives to his proper representatives in the personalty or realty involved so that the bankruptcy proceeding may be continued in their names, is not, however, free from difficulty. ”

“ And the defendants have moved that the proceeding in bankruptcy be dismissed as to them, both individually and as members of the partnership, on the ground that to that extent it should abate. These motions have been answered by the attorney who formerly represented Shugert, as now representing his 'interest,' and by an attorney representing a 'Creditors' Committee,' who insists that under section 8 of the Bankruptcy Act (Comp. St. § 9592) the proceeding in bankruptcy was not abated by Shugert's death and may be continued without making Shugert's personal representative a party. ”