Patten v. Carley

Citations

• 117 F. 130
• 55 C.C.A. 146
• 1902 U.S. App. LEXIS 4418

Syllabus

<p>1. Bankruptcy—Specifications in Opposition to Discharge—Right of Amendment.</p> <p>A single amendment to the specifications filed in opposition to the discharge of a bankrupt, necessary to authorize the examination of the bankrupt on a matter pertinent to the question of discharge, should be allowed as a matter of course under the liberal rule as to amendments prevailing in all proceedings, where no laches or unfairness on the part of the creditor appears, and no injustice to the bankrupt or unreasonable delay in the case will be worked thereby.</p> <p>2. Same—Revision in Matter of Law—Matters Reviewable.</p> <p>The right of a creditor to amend his specifications in opposition to a bankrupt’s discharge is a valuable legal right, and the question whether a district court abused its discretion in denying such right is one of law, upon which the circuit court of appeals may exercise the power of revision conferred by Bankr. Act 1898, § 24b.</p>