In re Brockway
District Court, S.D. New York
Application for Discharge. On January 21, 1871, Broekway was adjudicated a bankrupt on his own petition. On April 22, 1872, he filed a petition for a discharge from his.debts, to which specifications of objections were filed, stating, among other things, that he had not kept proper books of account, with the requisite specification of particulars.
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Application for Discharge. On January 21, 1871, Broekway was adjudicated a bankrupt on his own petition. On April 22, 1872, he filed a petition for a discharge from his.debts, to which specifications of objections were filed, stating, among other things, that he had not kept proper books of account, with the requisite specification of particulars. After evidence taken upon these and other specifications before the register upon the merits, the application was brought to a hearing in this court on October 30, 1875, when the application was denied by Blatchford, J., on the sole ground that the…
1Opinion of the Court
BrowN, D. J.
The issue raised by the specifications, so far as respects not keeping proper books of account, is the same as in the previous application for a discharge.- The parties to the issue are also the same, and the proceeding for a discharge is in the same bankruptcy. The evidence of witnesses on the former trial' of the same issue is therefore competent evidence upon this hearing, on proof that the witnesses are either dead or out of the jurisdiction. 4 Wall. 222; 12 How. *71(U. S.) 576; 7 Pet. 272. An application Cor a discharge is a part of and continuation of one proceeding in…
2Cases cited3 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- In re FarrellDistrict Court, D. New Jersey · 1871
- In re AnkrimU.S. Circuit Court for the District of Michigan · 1843
3Cited by1 opinion
- Stone v. ChicagoCourt of Appeals for the Eighth Circuit · 1931