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16 F. Cas. 71

In re McDuffee

Maine District Court

Decided August 24, 1876

Maine District Court · decided 1876-08-24

Question certified by Mr. Register Fessen-den. Can notaries public lawfully take the acknowledgment of creditors to their powers of attorney relative to bankrupt proceedings?

Decided 1876-08-24

FOX, District Judge.

¶1Upon this question there is a conflict of authority, the later opinion being that of Brown, J., in Re Butterfield, [Case No. 2.24S], sustaining such an acknowledgment. This opinion meets with my approval; but in order that there shall be an uniformity of practice in the first circuit,' I have conferred with Mr. Justice Clifford, and am authorized to say that he concurs with Judge Brown. The power of attorney is accepted and ordered to be filed.

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