¶1The register is correct in his view. Neither the proof of debt nor the deposition can be withdrawn, but the party ought to be allowed and required to amend his proof. The clerk will certify this decision to the register, Edgar Ketclium, Esq.
15 F. Cas. 1030
In re Lowerre
U.S. District Court
Decided September 14, 1867
U.S. District Court · decided 1867-09-14
In this case, at the first meeting of creditors, Nathaniel Niles, as agent for Edward W. Seabury, proved and filed a claim of Sea-bury against the bankrupt [James M. Low-erre], but he was not authorized, by any letter of attorney from Seabury, to vote on behalf of Seabury, in the choice of an assignee. Niles then asked leave to withdraw from file the proof of Seabury’s claim. To this the bankrupt objected.
Decided 1867-09-14