
    Case No. 12,768.
    In re SHERBURNE.
    [1 N. B. R. 558 (Quarto, 155).] 
    
    District Court, E. D. Missouri.
    1868.
    Bankruptcy — Motion to Dismiss.
    After nil adjudication has been made, it is too late to make a motion to dismiss the proceedings and settle with the debtor. If. however, the parties desire to make a settlement they may proceed under section 43 of the bankrupt act [of 1867 (14 Stat. 5381], and have the estate wound up by trustees.
    Upon petition of creditors, the debtor had been adjudged a bankrupt. Motion was made for leave to dismiss proceedings and to settle with the debtor.
    
      
       [Reprinted by permission.]
    
   TREAT, District Judge.

This motion comes too late. After the adjudication all the creditors have a right to jiresent their claims and have the estate of the debtor wound up under the proceedings in bankruptcy. If the parties desire to make a settlement, they may proceed under section 43 of the act, and have the estate wound up by trustees. Motion overruled.  