59 Mass. 615 - Leigh v. Arnold — 59 Mass. 615

Lewis Leigh vs. William F. Arnold. The record of proceedings in insolvency is conclusive evidence of the time of a decree hy the commissioner, rejecting or allowing the claim of a supposed creditor. This was an appeal from the decision of the commissioner of insolvency for the county of Hampshire, disallowing a claim against the estate of an insolvent debtor; and upon a motion to dismiss the appeal, because no notice was given pursuant to St. 1838, c. 163, § 4, within ten days, it appearing by the record that the decree was made on the 1st of July, 1850, and that notice was given on the 13th of September following: the Court held that the record was conclusive evidence of the time when the decree was made ; that parties interested were bound to take notice of it'; that the notice of appeal was given too late; and that the appeal must be dismissed. C. P. Huntington, for the appellee. L. Norton, for the appellant.