District Court, W.D. Texas February 19, 1904, No. 80 (In re Koenig & Van Hoogenhuyze)

MAXEY, District Judge

(after stating the facts). The creditors object to the proceeding on the part of the bank because it was not prosecuted with due diligence. While it is probable that, if the merits of the present controversy were considered, the case would be governed by Bank v. Massey, 11 Am. Bankr. Rep. 42, 24 Sup. Ct. 199, 48 L. Ed.-, rather than by Pirie v.