Hull v. Burr

Citations

• 64 Fla. 83

Syllabus

<p>Equity Practice — Supplemental Bill — Collateral Attack on Judgments of Bankruptcy Court— Abatement of Suit Brought by Sole ' Trustee in Bankruptcy on His Resignation.</p> <p>I Where a sole trustee of a bankrupt estate institutes a suit to recover property of the estate and resigns during the pendency thereof, such suit does not abate on his resignation, but may be proceeded with by his successors when appointed just as though the same had been instituted originally by such successors. And supplemental bill is the proper procedure to have such successors formally brought into the case as parties thereto.</p> <p>2. A law that confers power to supply by appointment, a place vacated by death, disability or removal, authorizes an appointment to be made where the vacancy is occasioned by resignation.</p> <p>3. A collateral attack cannot be made in a suit pending in a State court upon the judgments, orders and proceedings of a' Federal Court in Bankruptcy, either by way of defense to a supplemental bill brought for the purpose of having successors td a resigned trustee of the bankrupt’s estate made formal parties to a pending suit instituted by the resigned trustee to recover property of the bankrupt’s estate, or as a defense to the original bill so instituted.</p>