In re Sarsar

Citations

• 120 F. 40
• 1903 U.S. Dist. LEXIS 355

Syllabus

<p>1. Bankruptcy — Involuntary Petition — Warrant for Seizure of Property Pending Proceedings — Proof—Bond—Waiver.</p> <p>Bankr. Act 1898, § 69 [U. S. Comp. St. 1901, p. 3450], providing for the issuance of a warrant for the seizure of the property of an alleged bankrupt against whom an involuntary petition in bankruptcy is pending, on “satisfactory proof by affidavit” that the bankrupt has committed an act of. bankruptcy, or has neglected his property and that it has thereby deteriorated in value, and on the applicants for the warrant giving a bond conditioned on their indemnifying the bankrupt, does not authorize the court to issue a warrant for the seizure of an alleged bankrupt’s property, against whom an involuntary petition is pending, on the application of the petitioning creditors, merely supported by the affidavit of the bankrupt, averring that he waives proof showing that he has committed an act of bankruptcy, that he has neglected his property and that it has thereby deteriorated in value, that he waives the giving of the required bond, and that he agrees that the warrant may issue.</p>