Key legal question
Whether the appeal proceedings should be discontinued after the respondent's bankruptcy estate acknowledged the claim and the appellant requested discontinuance.
Extracted holding
The proceedings were to be struck off as concluded by acknowledgment of the claim, because the appellant himself requested discontinuance and the bankruptcy had been lifted for lack of assets.
Extracted reasoning
Although a claimant may sometimes still have an interest in obtaining a condemnatory judgment against the debtor personally, that interest no longer existed here. Once the appellant sought discontinuance and the respondent was a cooperative whose bankruptcy had been lifted for lack of assets, the case was properly treated as resolved by acknowledgment.