In re Rose

EWING, District Judge.

The question certified here is whether, without proving his claim, an alleged creditor is entitled to examine the bankrupt. It appears from the report of the referee that on the 5th of September, 1906, the bankrupt appeared and was duly sworn, and William A. Jordan, Esq., counsel for J. D. Bernd Company, the only creditor named in the bankrupt’s schedule, started to examine the bankrupt, when objection was interposed on the ground that said party, the J. D. Bernd Company—

“has proven no claim in this case, as disclosed by the record, and "does not now offer to prove any…