Allen v. Thompson
District Court, W.D. Tennessee
In Bankruptcy. Petition to sot aside and annul a certificate of discharge filed ky a creditor against the bankrupt, to which he has demurred. The petitioners allege that a final discharge was granted on the ninth day of June, 1881, but that the register’s certificate of conformity was premature, because of a failure to comply with certain prerequisites required by law in the course of the proceedings.
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In Bankruptcy. Petition to sot aside and annul a certificate of discharge filed ky a creditor against the bankrupt, to which he has demurred. The petitioners allege that a final discharge was granted on the ninth day of June, 1881, but that the register’s certificate of conformity was premature, because of a failure to comply with certain prerequisites required by law in the course of the proceedings. The grounds alleged for setting aside the discharge are as follows: (1) That Thompson was not a resident or citizen of this district, and the court had not jurisdiction. (2) That he has never…
1Opinion of the Court
Hammond, D. J.
The demurrer makes the mistake of treating this petition as one filed under section 5120 of the Revised Statutes, being section 34 of the original act. If it is to be tested by the requirements of that section the demurrer is well taken; but it is not. The petitioner invokes the jurisdiction of the court to correct a decree *118improvidently granted, not entirely because of irregularities, but because the decree is void for want of jurisdiction to make it. I shall not stop to inquire how far, conceding the jurisdiction of the court, the petitioners may go in the correction of mere…
2Cases cited10 opinions
- Ex Parte City BankSupreme Court of the United States · 1844
- Shelton v. PeaseSupreme Court of Missouri · 1847
- Linton v. StantonSupreme Court of Louisiana · 1849
- In re GoodfellowDistrict Court, D. Massachusetts · 1870
- In re LittleDistrict Court, S.D. New York · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re MasonDistrict Court, W.D. North Carolina · 1900
- In re KnepperDistrict Court, N.D. New York · 1935
- Joyner v. Bank of MenloSupreme Court of Georgia · 1923