In re Osborne

Citations

• 115 F. 1
• 52 C.C.A. 595
• 1902 U.S. App. LEXIS 4176

Syllabus

<p>1. Bankrupts — Discharge—Objections—Time for Filing — Amendments.</p> <p>The district court has discretion to permit substitute specifications to be filed by a creditor objecting to a bankrupt’s discharge, after the 10 days allowed by law, where they are merely enlargements of specifications already filed.</p> <p>9. Judicial Knowledge — Records of Court — Duty to Take.</p> <p>Though it is well settled that a federal court can take judicial knowledge of its own records, it is not clear that it is always required to do so, and the better way of proceeding with respect thereto is for the party to set them out by plea and proof.</p> <p>8. Bankrupts — Discharge—Defective Specifications of Objecting Creditor —Waiver of Defect.</p> <p>Objection by a bankrupt that the specifications of a creditor, objecting to a bankrupt’s discharge on the ground that he had concealed his assets, were defective because not averring that he acted knowingly and fraudulently, was waived where not taken in the court below, and where, notwithstanding the defective specification, the issue as to fraud was fully heard.</p> <p>4. Same — Petition for Review.</p> <p>Quaere, whether this proceeding should have been by a petition for revision under the bankruptcy act, or a petition in the nature of a bill of review, according to the general equity practice.</p>