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14 F. Cas. 308

In re Kennedy

U.S. District Court

Decided July 1, 1834

U.S. District Court · decided 1834-07-01

By BENJAMIN J. BROWN, Register: In this case some questions arose pertinent to the proceedings which the undersigned certifies for the opinion of the court. The clerk transmitted to me a certified copy of the adjudication of bankruptcy, which, 1 am unofficially advised, has been served upon only one of the bankrupts; the other, a single man, being, at the time, absent from the state.

Decided 1834-07-01

LONGYEAR, District Judge.

¶1As to the .first and fifth, I concur with the register. As to the second, I think the return may be made wholly on the warrant, or separately on the warrant and order, but that the latter course is preferable. As to the third and fourth, I do not deem any general rule necessary; neither do I think this court has power to make general rules, such power being vested elsewhere by an express provision of the act. See section 10 and rule 32. The clerk will certify this decision to the register, Benjamin J. Brown, Esq.

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