In re Clark

Decided March 15, 1872

United States District Court · decided 1872-03-15

<p>On application by an attorney for compensation out of the fund in the hands of the assignee, for services rendered by him at the request of an involuntary bankrupt in and about defending against the petition, preparing schedules, &c. jDenied, Upon the petition of an attorney to be paid for services rendered by him, out of the fund in the hands of the assignee, accompanied by the certificate of the register in charge that such services were beneficial to the estate, and that the amount claimed was reasonable and just, followed by the written approval of the assignee, the court will order payment accordingly.</p>

Decided 1872-03-15

Blatchford, J.

¶1—On evidence and a certificate bringing this case within the decision lot re Montgomery, (3 Benedict, 364), I should follows that decision.

¶2. April 5th, 1872.

¶3The decision in the case of Mooitgomery, above referred to, is as follows: Blatchford, J.—“If the assignee shall, in writ-' ing, approve of the payment of this bill out of the funds of this estate on the grounds set forth in the petition of Mr. Olney, and in the certificate of "the register, and of the amount of the charges, an order will be made allowing its payment.”