The bankruptcy of Dougherty, the appellant, though adjudicated before the taking of the appeal, will not prevent its prosecution in his name, nor will the respondent be heard to object on that ground. The appeal may be prosecuted in the name of the bankrupt, or in that of his assignee. (Code Civil Procedure, Sec. 385.) Besides, it is shown that the assignee is really conducting the appeal here, though in the name of the bankrupt.

Motion denied.