In re Sloan
U.S. Circuit Court for the District of Northern New York
[In review of the action of the district court of the United States for the Northern district of New York.] Upon the return day of an order to show cause why the baukrupt should not be discharged from his debts, certain of his creditors appeared, and, upon showing to the district court that no assets had come to the hands of the assignee, objected, that, inasmuch as the application was not made within one year from the adjudication of bankruptcy, no discharge could be…
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[In review of the action of the district court of the United States for the Northern district of New York.] Upon the return day of an order to show cause why the baukrupt should not be discharged from his debts, certain of his creditors appeared, and, upon showing to the district court that no assets had come to the hands of the assignee, objected, that, inasmuch as the application was not made within one year from the adjudication of bankruptcy, no discharge could be granted. The court (Wallace. District Judge,) refused the discharge, and delivered the following opinion: “The grammatical…
1Opinion of the Court
HUNT, Circuit Justice.
I agree in all respects with the opinion of Judge Wallace in this case. The authority to apply for a discharge rests entirely upon section 29. It must necessarily be taken with the limitations in that section contained. The only right to apply, there giyen, is to be exercised within one •year from the time of the adjudication. In my judgment, this applies to all cases, whether there are debts proved, or assets received, or not. It is a case of limited authority, and there is no power to grant a discharge unless it is applied for within the time prescribed. The excuse of…
2Cited by2 opinions
- In re BrockwayU.S. Circuit Court for the District of Southern New York · 1882
- Wood v. HazenNew York Supreme Court · 1877