Cleveland & Son v. Thorpe

EVAN A. EVANS, Circuit Judge.

Appeal from an order dismissing bankrupt’s voluntary petition for an adjudication in bankruptcy. Thorpe, an insolvent farmer, filed a voluntary petition in bankruptcy, which the clerk, in the absence of the judge, at once referred to the referee. On the same .day, before further action was taken thereon, petitioner asked to withdraw his petition. Due notice of hearing was given to the ereditofs and several-filed objections. No evidefice was offered, whereupon the referee ordered the petition dismissed. This order was affirmed.

While no evidence was offered on the…