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D. Oregon· 9/12/1902

In re Miner

Citations

  • 117 F. 953
  • 1902 U.S. Dist. LEXIS 115

Syllabus

<p>1. Bankruptcy—Findings of Referee—Review. *</p> <p>The findings of fact of a referee in bankruptcy are not conclusive, and will be set aside where the court is of opinion that they are manifestly erroneous.</p> <p>2. Same—Exceptions.</p> <p>Where the specific question of the correctness of a referee’s findings is certified to the district court for decision on petition of a party, no formal exceptions to such findings are required to render them reviewable.</p> <p>8. Same—Discharge—Evidence to Defeat.</p> <p>Evidence considered, and held insufficient to sustain specifications of objection to the discharge of a bankrupt on the ground that he had made false oath with respect to a claim against him which he scheduled.</p> <p>4. Same—Assignment of Claim.</p> <p>The form by which a claim against a bankrupt was transferred is immaterial, and cannot affect the right of the transferee to prove the claim, where it is sufficient to estop the original holder from asserting a right to it.</p> <p>5. Same—Proof of Claim by Married Woman.</p> <p>The failure of a married woman to register a claim against her husband as her separate property under the law of Oregon does not affect her right to prove the same against his estate in bankruptcy.</p>

Judges: Bellinger

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