In re Glass

Citations

• 119 F. 509
• 1902 U.S. Dist. LEXIS 280

Syllabus

<p>T. Bankruptcy—Specifications—Opposing Discharge—Amendment.</p> <p>Specifications opposing a bankrupt’s discharge, tbougb entirely defective, may be amended at the discretion of the court.</p> <p>'9. Same—Signature.</p> <p>Specifications opposing a petition for a bankrupt’s discharge (form No. 58) must be signed and sworn to by the opposing creditor, and, if therfe be more than one creditor, by each opposing creditor, and not alone by the attorney or counsel.</p> <p>Same—Verification.</p> <p>The verification to specifications opposing a petition for a bánkrupt’s discharge must be in the form prescribed by the creditor’s petition (form No. 3), to wit, that the creditor hereby makes solemn oath that the statement contained in the foregoing specification of grounds of opposition to the bankrupt’s discharge subscribed by him (or them) are true.</p> <p>¶1. See Bankruptcy, vol. 6, Cent. Dig. § 716.</p> <p>4. Same—Signature by Corporation.</p> <p>Whbre the creditor opposing a bankrupt’s discharge is a corporation, the signature to the specifications must be in the form prescribed by the supreme court under Bankr. Act 1867 for the petition of a corporation (form No. 3), to wit: “In witness whereof I have hereunto subscribed my name as president (or other officer or agent) of said corporation and affixed the seal of the same this-day of-—followed by the signature of the officer and seal of' the corporation.</p> <p>5. Same—Signature and Verification by Partnership.</p> <p>Where the opposing creditor to a bankrupt’s discharge is a partnership, the verification and signature of the firm to the specifications may be made by one of the partners authorized to sign the firm name.</p> <p>6. Same—Verification by Attorneys or Agents.</p> <p>Specifications in opposition to a bankrupt’s discharge cannot be verified by the oaths of attorneys or solicitors or other agents, in the absence of a previous order of court allowing the same, in which event both the order and the oath should st