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21 F. Cas. 332

In re Sands

U.S. District Court

Decided September 15, 1873

U.S. District Court · decided 1873-09-15

[In the matter of George E. Sands, a bankrupt] The register certified to the court, upon request, under section 6 of the bankruptcy act [of 1867 (14 Stat. 517)] (see Rev. St. U. S. § 5010), that Charles Savary was chosen as-signee at the first meeting of creditors in this case, of whose fitness he had doubts; that, after personal inquiry, he required a satisfactory bond before he would approve the appointment; that no bond was filed for thirteen days after the meeting, and…

Decided 1873-09-15

BLATCHFORD, District Judge.

¶1Under the provisions of section 13 of the act, Mr. Savary was not in default until the expiration of a time required to be specified in an order to be made requiring the giving of the bond; and, after such default, Mr. Savary’s removal from office ivas necessary before another assignee could be appointed in his place. It is not stated that any such provision was contained in any order, or that Mr. Savary was removed from office. There must, therefore, be other and further proceedings in the case.

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