Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-18
AN IMPORTANT RULING IN BANK.
RIrPTqY

AN IMPORTANT HI LING IN BANK
RUPTCY.
As many new and intricate questions
are likely to arise in the settlements un.
der the bankrupt law, it is well for all
concerned TO be informed of decisions
as they are made, from time to time, by
authorities entitled to weight The law
report column of the New York Tribune
of the 18th instant, contains the follow
ing proceedings in the United States
District Court, for the Southern District
of New York:
An important order was made Yesterday
by Judge Blatchford, involving the con
strnction Of the Dist section of the Bank
rupt act. The learned Judge has set the
example of putting liberal construction
upon that section, by granting a stay of
proceedings on an order of the State Court
for examination of a judgment debtor
when the creditor has not proved his claim.
The following papers twill explain the
matter fully:
THE PETITION FOR THE ORDER.
In the District Court of the United States for the
Southern District Of New York. In Bank
Iuptcy. In the matter of H0ratiO Reed,
Bankrupt.
To the Hon. Samuel BIatchford, Judge
of the District Cont of the United States
for the Southern District of New York I:
The petition of Horatio Reed of the CITY
and county of New York, and the State Of
New York, respectfully represents that
your petitioner, on the 9TH day of June,
1867, duly filed his petition in bankruptcy
in the Office Of the Clerk of said Court, as
appears by the certificate of the Clerk of
said Court, that one Of the debts contained
in the schedule annexed to said petition is
a judgment in the Supreme Court Of the
State of New York, for the city and county
of New York, by Walter S. Nose and
james +. Joyce, against your petitioner,
on the 18th of August, 1860, for $ll03 70,
and that an order was entered in said action
on the oath day of May, 1867, requiring
your petitioner to appear before one of the
Justices of said Court, on the 4th day of
June, 1867, and such further days said
court should name, and make discovery on
oath concerning his property; that your
petitioner has duly appeared in obedience
to said order, and said examination has
been adjourned until this twelfth day of
June, 1867, at l o'clock in the afternoon :;
that your petitioner has applied to the
attorney of said Nose & Joyce named in
said order for an adjournment of said ex-
animation appointed for l o'clock to day,
and acquainted said attorney with the due
filing of his said petition in bankruptcy,
and showed said attorney said certificate
thereof, but said attorney has refused TO ad-
journ said examination.
Wherefore your petitioner prays that
an order of this court may be entered stay
ing proceedings under said order for ex
animation, and all proceedings in said
cause on the part of said Judgment, cred
itors, and their attorneys, until the ques-
ton of your petitioners discharge in
in bankruptcy shall be delivered, and for
such further or other order in the premises
as to the court shall seem meet.
HORATIO REED.
Francis C. Nye, Attorney for petitioner
TIE ORDER OF JUDGE BLATCHFoRD.
The petitioner 10 this case having, on the
9TH day of June, 1867, duly filed his peti
ton in bankruptcy in the Office of the
Clerk of this court, for the purpose of OBJ
tanning the benefit of the act of Congress
approved March 2, 1867, entitled, An
Act to establish uniform system of bank
ruptcy throughout the United States" and
it appearing to the satisfaction of this court,
that Walter s. Vose and James +. joyce
obtained a judgement in the Supreme
Court, State of New York, against the said
Horatio Reed, on the 18th day of August,
1860, for the sum of $1l03 rs damages
and costs; and that an execution upon said
judgment against the property of the said
Horatio Reed has been duly issued and re-
turned wholly unsatisfed, and that said
judgment is debt provable under the said
act; and that proceedings are now pending
in said judgment in the Supreme Court, by
means of an order for the examination of
the said Reed as Judgment debtor issued
on the oath day of May, 1867, by the Hon.
Josiah Sutherland, one Of the Justices of
the said court.
Now, therefore, it is hereby ordered that
all proceedings under the said order,
and all further proceedings upon the part
of the plaintiffs in the said judgment, upon
the said judgment be, and the same are
hereby, upon the application of the said
Horatio Reed, stayed to await the deter
mination Of this court in bankruptcy, on
the question of the discharge of the said
Horatio Reed under the said act, until the
question of his discharge Hereunder shall
have heen determined by this court.
SAMUFI BIATCHFORD