Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-08-08
DISTRICT COURT OF THE u. s., JULY
18TH, is42-lN BANKRUPTCY.


The petitioner having been declared bankrupt
on the 24tlI day OF May last, on his own applica.
uon, now filed petition, praying, for the reasons
therein set forth, thar the decree ot bankruptcy
might be SET aside all further proceedings stayed.
PRENTIss, j. AT the last May term OF the court,
applications were made Tor leave TO withdraw ne.
titons which had been filed tor the benefit of The
bankrupt act, and upon which orders of notice
had been issued aud published for hearing nt
that time. The applications were granted aud
the petitions ordered to he dismissed. Other an
piculons of u like nature, since presented, have
heen disposed of in the same way. In neither OF
tie cases WIS there any appearance on the part of
any OF the creditors; aud as TO the power or
right of The COURT under such circumstances, to
dismiss petition, Tor good reasons on motion of
The petitioner, before decree Of bankruptcy, |
entertained no doubt whatever.
But the application in the present case being al
ter n decree of bankruptcy has passed aud inter
vened, presents an entirely new and different ques-
lion. By the decree, all the properly aud rights
Of property ol the bankrupt have passed from him
aud become vested in the assignee, for The benefit
OF his creditors The effect OF setting aside the
decrse would he 10 divest the assignee oflhs prop.
er;y aud restore it 10 the bankrupt; aud do not
see how this can be done without the concurrence
of all whose interests may be affected by il. Ii
the consent OF the assignee and the creditors is
obtained, there would seem 10 be, on principle, no
good objection TO the proceedings; for no one else
can have any possible interest in the matter,
l believe there is no instance in the English
practice, where commission of bankruptcy has
been superseded, on application oil the bankrupt
in any case Al all analogous to the present. without
the actual consent of The creditors and il appears
TO me, tina, their consent, nj any tate, cannot he
dispensed with. Perhaps the actual consent OF the
assignee may not be Indispensable. II he has not
taken possession of the property, or done any act
under the decree, he can lie put 10 no possible
harm, nor have any real interest ad, erse TO the
application. IL, however, he should refuse his
consent, having no good reason 10 withhold il, the
court, with the concurrence of the creditors,
might order The decree vacated, and all further
proceedings stayed in the case, OH notice TO him
TO show cause against the motion.
Decision in Bankruptcy The Cincinnati Ga
zeltee reports late decision OF Judge Mclean
in a case which was adjourned from the District
Court The case involved construction of the
act as to debtors upon debts Greeted in conse.
quence Of defalcaon as public officer, or as
executor, administrator, guardian, or trustee, or
while acting in any other fduciary capacity
The Judge compared the different sections OF the
law, and decided, that where the Bankrupt owed
debts Of tduclary nature within the law, which
we're contracted before its passage, he might he
discharged from his other debts not of fduciary
character, but if the Indebtedness originated since
the passage Of The law, he could obtain no dis
charge under il from any debt