In re Stevenson

Citations

• 94 F. 110
• 1899 U.S. Dist. LEXIS 112

Syllabus

<p>1. Bankruptcy — Time op Filing Petition.</p> <p>The four months after the commission of an act of bankruptcy within which, under the provisions of the bankrupt act of July 1, 1898, a petition in involuntary bankruptcy must be filéd, are to be so computed as to exclude the day on which such act was committed; hence, where the act of bankruptcy was committed October 20, 1898, the petition could properly have been filed February 20, 1899.</p> <p>2. Same — Duplícate.</p> <p>The bankrupt act requires the filing within the specified period of four months of a petition in duplicate, one copy for the clerk and the.other for service on the alleged bankrupt; and where a petitioner has within that period filed only one copy of the petition, the court has no authority after i lie expiration of such period to permit the filing of a second copy.</p> <p>8. Same — Time of ifiniNO Duplicate.</p> <p>The various provisions of the bankrupt act clearly disclose a legislative intent that proceedings in bankruptcy shall be conducted and closed with ¡ill reasonable expedition; and, while it is true that a petition may be filed at such time on the last day of the period of limitation as to render impossible either the service or issuance of process within that period, it was nevertheless the manifest intention of congress that the duplicate copy for sendee should be filed within ¡hat period, ready to he served with all convenient speed.</p> <p>4. Same.</p> <p>líale 11 in bankruptcy, prescribed by the supreme court, authorizes the court to allow corrections to he made of errors, insufficiencies and uncertainty in the petition or schedules, but not practically to repeal the legislative declaration that petitions must he filed in duplicate within the four months specified.</p> <p>8. Same — Clerk’s Docket.</p> <p>Buie 1 in bankruptcy provides that the clerk’s docket shall contain a memorandum of the filing of the petition, but does not mention a copy of the petition; and, as the petition is