In re Mason
District Court, S.D. Alabama
In Bankruptcy. In the matter of Alexander Mason, petitioner in bankruptcy. Order for filing of petition by clerk. On submission, by agreement of the clerk and attorney for petitioner to the court, of the question as to whether the clerk should file a petition in bankruptcy, when pauper’s oath is made and proposed bankrupt is shown to have assets with which to pay the costs.
1Opinion of the Court
TOULMIN, District Judge.
Clause 2 of section 51 of the bankrupt
act of 1898 (Act July 1, 1898, c. 541, 30 Stat. 558 [U. S. Comp. St. 1901, p. 3441]), provides that clerks of the court shall collect the fees of the clerk, referee, and trustee in each case instituted before filing the petition, except the petition of a proposed voluntary bankrupt which is accompanied by an affidavit stating that the petitioner is without, and cannot obtain, the money with which to pay such fees.
In Re Hines (D. C.) 117 Fed. 790, it is said:
“A fair construction of the above language indicates that it was the…
2Cases cited4 opinions
- Sellers v. BellCourt of Appeals for the Fifth Circuit · 1899
- In re BeanDistrict Court, D. Vermont · 1900
- In re CollierDistrict Court, W.D. Tennessee · 1899
- In re HinesDistrict Court, S.D. West Virginia · 1902
3Cited by1 opinion
- In re MedearisDistrict Court, W.D. Texas · 1923