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29 F. Cas. 423

In re Watson

U.S. District Court

Decided July 1, 1876

U.S. District Court · decided 1876-07-01

Petition for review. The petitioners were adjudged bankrupts in February, 1872. No application for discharge was made until October, 1874. The bankrupts had been unable to obtain the assent of a majority in number and value of their creditors, and their assets did not amount to 50 per cent, of their indebtedness.

Decided 1876-07-01

McKENNAN, Circuit Judge,

¶1said that he could not come to the conclusion arrived at by Blatchford, J., in Be Greenfield’s Estate [Case No. 5,774]. The language of section 29 of the bankrupt act of 1867 [14 Stat. 531] seemed clearly to imply that the limitation of one year, within which the petition to discharge might be presented, extended to both branches of the alternative.

¶2The petition for review was dismissed, and the cause remanded to the United States district court; which court subsequently allowed the petition to be filed, and granted a rule to show cause, and instructed the bankrupts to insert in the published notices that proceedings would be stayed upon objection of creditors. No creditor having made objection, the rule was made absolute, and the bankrupts finally discharged.

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