In re Docker-Foster Co.

Citations

• 123 F. 190
• 1903 U.S. Dist. LEXIS 231

Syllabus

<p>1. Bankruptcy—Petition to Expunge Claim:—Practice.</p> <p>Under the provisions of general orders in bankruptcy No. 37 (91 Fed. xxxvi, 32 C. C. A. xxxvi), which extend the equity rules to proceedings in equity instituted for the purpose of carrying into effect the provisions of the act, the failure to file an answer to a petition seeking to expunge a claim justifies a decree pro confesso under rule 18, carrying the ordinary incidents and consequences of such a decree.</p> <p>2. Same—Effect of Amending Act.</p> <p>The amendatory act of February 5, 1903, c. 487, 32 J3tat. 801, by its express terms does not apply to nor affect any proceeding instituted before it took effect, and in such proceedings all of the provisions of the original act are to be enforced the same as though not amended.</p> <p>8. Same—Evidence of Insolvency.</p> <p>The books of a bankrupt are competent evidence on the question of his insolvency within four months of the date of the filing of the petition, and while not conclusive are ordinarily important evidence entitled to much weight; the schedules and inventory and appraisement are also evidence on the same question.</p>