Public-domain · open source
OpenJurist

118 F. 282

In re Hunt

Iowa Northern District Court

Decided November 5, 1902.)

Iowa Northern District Court · decided 1902-11-05

<p>1. Bankruptcy—Involuntary Petition—Signing and Verification by Attorney.</p> <p>The attorney of a creditor may sign his client’s name to a petition in involuntary bankruptcy, and may verify the same, where he is shown to have knowledge of the facts stated therein.</p> <p>¶ 1. See Bankruptcy, vol. 6, Cent. Dig. §? 123.</p>

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1902-11-05

How this case has been cited

Cited by 6 later decisions — most recently October 1940

3 federal appellate · 1 district ·

3019021910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶11. Bankruptcy—Involuntary Petition—Signing and Verification by Attorney.

¶2The attorney of a creditor may sign his client’s name to a petition in involuntary bankruptcy, and may verify the same, where he is shown to have knowledge of the facts stated therein.

¶3In Bankruptcy. On motion to dismiss petition because insufficiently signed and verified.

¶4¶ 1. See Bankruptcy, vol. 6, Cent. Dig. §? 123.

¶5*283C. A. Hunt and M. A. Hunt, pro se.

¶6John A. Senneff and John Hammill, for creditors.

¶7SHIRAS, District Judge.

¶8In this case a petition in involuntary bankruptcy was filed by certain creditors, the same being verified by the oath of the attorney at law and agent of the petitioners, by whom the names of the petitioners are signed to the petition, and who states in the verification that he is the duly authorized agent of the petitioners, and has knowledge of the facts recited in the petition.

¶9In general order in bankruptcy No. 4 (89 Fed. iv) it is provided that:

“Proceedings In bankruptcy may be conducted by the bankrupt In person in his own behalf-, or by a petitioning or opposing creditor; but a creditor will only b'e allowed to manage before the court his individual interest. Every party may appear and conduct the proceedings by attorney, who- shall be an attorney or counsellor authorized to practice in the circuit or district courts.”

¶10In clause 9 of section 1 of the bankrupt act it is provided that the word “ ‘creditor’ shall include any one who owns a demand or claim provable in bankruptcy and may include his duly authorized agent, attorney or proxy.”

¶11These provisions are ample to authorize the signing of the names of the creditors to the petition by their attorney and agent, as was done in this case. In section 18 of the act, which deals with the mode of procedure in involuntary cases, it is enacted that “all pleadings setting up matters of .law shall be verified under oath.” As it is not declared that the petition shall be verified by the creditor in person, the verification will be sufficient if made by the agent or attorney representing the creditor, it being made to appear that the affiant has knowledge of the facts verified.

¶12The motion to dismiss the petition file in this case is therefore overruled.

/118/f1d/282 · .json · Public domain