Legal Opinion

In re Butterfield

District Court, N.D. Illinois

Decided March 15, 1870PublishedCited by 4 opinions

In bankruptcy. Opposition to discharge. The specifications of opposition are in the language of the bankrupt act. [14 Stat. 535.]

1Opinion of the Court

BLODGETT, District Judge.

The allegation here is that the bankrupt ‘’has given a fraudulent preference, contrary to the provisions .of the act.” This last allegation is totally inoperative; it lacks a specification in detail, which would be necessary to enable the party to plead it in bar. The courts have decided, again and again, that these specifications must be as exact as the specifications in an indictment, and for the reason that there is no specific act of fraud alleged here, but only the general terms in the language of the statute itself, as that the party has been guilty of conveying…

2Cited by4 opinions

  1. In re BellahDistrict Court, D. Delaware · 1902
  2. In re NelsonDistrict Court, W.D. Wisconsin · 1899
  3. In re HixonDistrict Court, S.D. Iowa · 1899
  4. In re CarrierDistrict Court, W.D. Pennsylvania · 1891

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