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2 F. Cas. 500

In re Bakewell

United States Circuit Court

Decided February 15, 1871

United States Circuit Court · decided 1871-02-15

In bankruptcy. James T. Brady & Co. have offered to make proof before the register of a debt against the estate of said bankrupt, and upon notice being given to the trustees of said bankrupt, acting under the provisions of section 43 of the bankrupt act, [14 Stat. 538,] John M. Kennedy, Esq., their solicito!, appears, and pro forma .resists the offer on the ground -that the bankruptcy proceedings have been stayed, and that the trustees themselves have the sole power to admit…

Decided 1871-02-15

M’CANDLESS, District Judge.

¶1After a careful consideration of the opinion in Re Darby, [supra,] I am constrained to differ with my Brother TREAT, of the eastern district of Missouri.

¶2To properly construe the 43d section, we must take the whole act together, and in doing so I can arrive at no other conclusion than that presented in the decision of Mr. Register Harper, which is hereby affirmed.

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