...obtain his discharge: and provided, also, that if the amount due the creditor is in dispute, the unit, by leave of the court In bankruptcy, may proceed to...proved in bankruptcy, but execution shall be stayed." B. Scntt Honell and IV. C. Howell, for appellant. ES Huston, for appellee, Mr. Justice HABLAN, after...

...defense, since, if the claim of the creditor is disputed, the statute provides for allowing the action to "proceed to judgment for the purpose of ascertaining...in bankruptcy, but execution shall be stayed." It will be observed that here is no provision for any special form of judgment. The action proceeds to...

...creditors, as the case may be, in prosecuting the case to its conclusion ; and, provided, also, that if the amount due the creditor is in dispute, the suit, by leave of the Court in insolvency, may proceed to judgment for the purpose of ascertaining the amount due, which amount may...

...delay on the part of the bankrupt in endeavoring to obtain his discharge ; and provided, also, that if the amount due the creditor is in dispute, the...proved in bankruptcy, but execution shall be stayed." This cannot be construed to mean anything more than that where the bankruptcy proceedings are brought...

...part of the bankrupt in endeavoring to obtain his discharge ; " and with the further provision that " if the amount due the creditor is in dispute, the...judgment for the purpose of ascertaining the amount due." These provisions exclude altogether the idea that the state court has lost jurisdiction of the case,...

...part of the bankrupt in endeavoring to obtain his discharge ; " and with the further provision that " if the amount due the creditor is in dispute, the...judgment for the purpose of ascertaining the amount due." These provisions exclude altogether the idea that the state court has lost jurisdiction of the case,...

...delay on the part of the bankrupt in endeavoring to obtain his discharge, and provided, also, that if the amount due the creditor is in dispute, the...bankruptcy, but execution shall be stayed." It is clear that sections 5105 and 5106 related to different classes of cases. Section 5106 applied only...

...delay on the part of the bankrupt in endeavoring to obtain his discharge, and provided, also, that if the amount due the creditor is in dispute, the...bankruptcy, but execution shall be stayed." It is clear that sections 5105 and 5106 related to different classes of cases. Section 5106 applied only...

...delay on the part of the bankrupt in endeavoring to obtain his discharge, and provided, also, that if the amount due the creditor is in dispute, the...proved in bankruptcy, but execution shall be stayed." The effect of these sections is that, where the debt has not been proved, there is no stay unless one...

...petitioning creditors, as the case may be, in prosecuting the case to its conclusion; and provided also, that if the amount due the creditor is in dispute, the suit, by leave of the court, in insolvency may proceed to judgment for the purpose of ascertaining the amount due, which amount may...