In re Kimball
District Court, D. Massachusetts
On review of decision of referee in bankruptcy on objections to the allowance of a claim proved against the estate of the bankrupt on the ground that the magistrate before whom the verification was made was the attorney for the creditor, and that the attorney who filed the claim on behalf of the creditor was also attorney for the bankrupt.
1Opinion of the Court
LOWELL, District Judge.
I am satisfied that to prevent the attorney of a party from taking the oath of his client to the proof of a debt in bankruptcy would work great inconvenience to the community, and, not improbably, considerable hardship. The matter is one which concerns the practical administration of the law, and not abstract justice. The reasons for the practice are stated in the opinion of the supreme court of Massachusetts in McDonald v. Willis, 143 Mass. 542, 9 N. E. 835. That the attorney for the bankrupt should be forbidden to appear for the creditors in bankruptcy ju-o-ceedings…
2Cases cited2 opinions
- Perry v. HaleMassachusetts Supreme Judicial Court · 1887
- McDonald v. WillisMassachusetts Supreme Judicial Court · 1887
3Cited by2 opinions
- United States Fidelity & Guaranty Co. v. English Construction Co.Massachusetts Supreme Judicial Court · 1939
- In re KaufmanDistrict Court, W.D. Kentucky · 1910