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36 How. Pr. 282

In re Hyman

United States District Court

Decided January 15, 1869

United States District Court · decided 1869-01-15

' In this cause now.pending before me, the order to show cause why the discharge of the petitioner should not be granted, has been duly issued, the proceedings thereupon had, an appearance put in and specific objections filed by a creditor as provided for by section 31 of the bankrupt law, the case duly sent to the district judge, who, on the 21st day of July, 1868, made an order in this cause to take testimony therein.

Decided 1869-01-15

Blatchford, J.

¶1The proceedings before a register are to be conducted by him with the exercise of a proper legal discretion and subject to that rule, are entirely -within his control.

¶2If a party unreasonably refuses to proceed in a matter, the matter must proceed without him, and the register must see that it proceeds in whatever manner may be proper. No new or further order or rule on the subject is necessary. The registers have ample authority in the premises, and should exercise it to prevent unreasonable and unnecessary delays. No general inflexible law can be laid down in respect to postponements or adjournments by them. Every case must be *286treated on its own merits, with the exercise of legal discretion and according to the best judgment of the register.

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