In re Brown
Court of Appeals for the Fifth Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Texas, in Bankruptcy.
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Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Texas, in Bankruptcy. In the bankruptcy court opposition was made to the discharge of the bankrupt, with the following affidavits appended thereto: “1. O. S. Battle, vice president and general manager of the Carter Battle Grocer Co., one of the petitioning creditors above named, and duly authorized to make this oath, do solemnly swear that 1 am informed on reliable information. and have good reason to believe, and do believe, That the allegations and statements contained in the…
1Per curiam
The opposition -to a bankrupt’s discharge causes delay, a trial, and, naturally, expense and trouble to the bankrupt, as well as costs to the estate. A verification of such opposition seems to be required to prevent frivolous objections and waste of time, and we think that such opposition is within the intent and meaning of section i8c of the bankrupt act of 1898. If a verification of the opposition is required, it should be positive and certain, not vague and argumentative.
The question principally argued in this court is whether the said section 18c is mandatory or simply directory. If…
2Cited by19 opinions
- In Re SchefflerCourt of Appeals for the Second Circuit · 1934
- In re ServisDistrict Court, N.D. Iowa · 1905
- In re TaylorDistrict Court, N.D. Alabama · 1911
- In re BaerncopfDistrict Court, E.D. Pennsylvania · 1902
- In re GlassDistrict Court, W.D. Tennessee · 1902
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