King v. Bank of Whiting

Citations

• 179 F. 694
• 103 C.C.A. 240
• 1910 U.S. App. LEXIS 4694

Syllabus

<p>Bankruptcy (§ 95*) — Involuntary Proceedings — Conduct op Hearing on • ■ Petition — “Judge.”</p> <p>Under Bankruptcy Act July 1, 1898, c. 541, § 18d, 30 Stat. 551 (U. S. Comp. St. 1901, p. 3429), which provides that, when the facts alleged in a petition for involuntary bankruptcy are controverted, “the judge shall determine as soon as may be the issues presented by the pleadings,” and section la(16), which defines “judge” to mean “a judge of a court of bankruptcy not including the referee,” a judge has no authority to make a general reference of such issues to a referee, but is required to exercise his personal judgment in their determination, and where direct issue is joined on the jurisdictional averments of a petition as to the alleged bankrupt’s residence and principal place of business in the district, and it appears that the facts for the solution of such primary issues are readily ascertainable, such issues should be determined by the judge, on direct hearing if possible, as a condition precedent to inquiry upon the other issues raised.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 95.*</p> <p>For other definitions, see Words and Phrases, vol. 4, pp. 3823-3826; vol. 8, p. 7695.]</p>