SCHWARTZ v. WEINGART

No. 361.

76 F.2d 863 (1935)

SCHWARTZ et al. v. WEINGART et al.

Circuit Court of Appeals, Second Circuit.

April 1, 1935.


Attorney(s) appearing for the Case

Herbert P. Wilson, of New York City, for appellants.

Max Schulman, of Brooklyn, N. Y. (Louis Timberg and Rubin Mazel, both of Brooklyn, N. Y., and Jacob Rubenstein, of Brooklyn, N. Y., on the brief), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge.

The question which this appeal attempts to present is whether the alleged bankrupts seasonably moved to dismiss the petition for insufficiency appearing on its face or whether they waived the right to make this objection, although their answer reserved it, by obtaining a reference to a master and proceeding to trial before him after he had denied their motion to dismiss. But before the merits of the controversy...

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