In re Brett

Citations

• 130 F. 981
• 1904 U.S. Dist. LEXIS 280

Syllabus

<p>1. Bankruptcy — Jurisdiction.</p> <p>Jurisdiction of the subject-matter of a bankruptcy proceeding is conferred by law, and jurisdiction of the person in a proceeding in involuntary bankruptcy is acquired by the filing of a petition and the due service of a copy of the petition and of a subpoena.</p> <p>2. Same — Amendment.</p> <p>Though a demurrer to a petition in involuntary bankruptcy proceedings be sustained, the petition will not, as a rule, be dismissed without first giving the petitioners an opportunity to apply for leave to amend.</p> <p>3. Same — Negativing Exceptions.</p> <p>The exception in Bankr. Act July 1, 1898, c. 541, § 46, 30 Stat. 547 [U. S. Comp. St. 1901, p. 3423], concerning wage earners and farmers, should be negatived in a petition in involuntary bankruptcy proceedings; aDd this may be done either in the express language of negation, or in any other language from which the inference that the alleged bankrupt is a wage earner or a farmer is necessarily excluded.</p> <p>•*. Same — Provable Claim.</p> <p>An averment, in a petition in involuntary bankruptcy proceedings, that one of the petitioning creditors was the owner of a promissory note, dated January 15, 1904, which was made by the alleged bankrupt payable to the creditor’s order in three months after its date at a specified bank, sufficiently sets forth a provable claim.</p> <p>5. Same — Consideration op Claim.</p> <p>The provision of Bankr. Act July 1, 1898, c. 547, § 57, 30 Stat. 560, 561 [U. S. Comp. St. 1901, p. 3443], requiring the consideration of a claim against a bankrupt’s estate to be set forth and sworn to, relates to the proof of the claim, and not to the averments of the petition.</p>