Young v. Ridenbaugh
U.S. Circuit Court for the District of Western Missouri
Petition [by William Young and others] for review under section 2 of the bankrupt act. William Ridenbaugh was thrown into bankruptcy in 1870. The ease went through all the stages of bankruptcy proceedings. In April, 1874, the bankrupt regularly applied'to be discharged.
Read the full summary
Petition [by William Young and others] for review under section 2 of the bankrupt act. William Ridenbaugh was thrown into bankruptcy in 1870. The ease went through all the stages of bankruptcy proceedings. In April, 1874, the bankrupt regularly applied'to be discharged. In September, 1874, his application for a discharge, not being contested, was submitted to the court, and referred to the auditor as master, who, on the 17th day of October, 1874, reported to the court that the bankrupt had complied with the law, taken the final oath, and was entitled to his discharge. The court ordered the…
1Opinion of the Court
DILLON, Circuit Judge.
The order of the district court complained of must be affirmed. If it be admitted that in no case, not even in the death of an adjudicated bankrupt, can a discharge be granted unless the oath required by section 29 has been taken and subscribed, still, it does not appear from the record or from any fact found by the district court that the deceased bankrupt did not take and subscribe the final oath. On the 17th day of October the auditor, as master, reported specially that the bankrupt had filed the oath required by section 29, and was entitled to a discharge and the…
2Cases cited4 opinions
- Campbell v. MesierNew York Court of Chancery · 1819
- Perry v. WilsonMassachusetts Supreme Judicial Court · 1811
- Vroom v. DitmasNew York Court of Chancery · 1836
- Pool v. LoomisSupreme Court of Arkansas · 1843