¶1after remarking that the provision was not free from obscurity, decided, that where a majority in number and value of the creditors file their written dissent to the bankrupt’s discharge, the only alternative left to him is to acquiesce in that dissent, or demand a trial by-jury; in other words, that the only mode of trying the issue between the bankrupt and the opposing creditors is by jury, and that he is not entitled in this case to be heard by the court, and then, in case of a refusal to grant a discharge, demand a trial by jury, or appeal to the circuit court. This case was accordingly ordered to be heard by a jury.
15 F. Cas. 921
In re Lothrop
Decided December 15, 1842
Massachusetts District Court · decided 1842-12-15
<p>Case No. 8,518.</p> <p>Bankruptcy — Application ron Discharge — Objections by Creditors — Right to Trial by Jurt.</p> <p>The only remedy of a bankrupt, where a majority in number and interest of his creditors file their written dissent to his discharge, is to demand a trial by jury.</p>
Cited by 2 later decisions — most recently October 2012
Good law ✅— No negative treatment on recordhow we know
Decided 1842-12-15
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