The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1867-06-29
An Important Ruling in Bankruptcy.

as many new aRd intricate questions are
likely to arise in the settlements under 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, con-
tains the following proceedings in the United
States District Court, for the Southern Dis
trict of New York.
An important order was made Yesterday
by Judge Blatchford, involving the eonstruc-
ton of the Dist section of the Bankrupt
act. The learned judge has set the example
of putting a liberal construction upon that
section, by granting a stay of proceedings
on an order Of the State Court for examina-
ton Of a Judgment debtor, when the credi-
tor has not proved his claim. The follow
Ing papers will 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 Bankruptcy. In the matter of Horatio
Reed, Bankrupt.
To the Hon Samuel Blatchford, Judge of
the District Court of the United States for
the Southern District of New York: The
petition of Horatio Reed Of the city and
county of New Y ork, and the State of New
I ork, respectfully represents that your pc
titioner, 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 ia the
schedule annexed to said petition is a iudg-
ment in the Supreme Court Of the State of
New York, for the city and county Of New
York, by Walter s. VOse and James T.
Joyce, against your petitioner, on the 18th
of August, 1860, for 81 l03 y, and that an
order was entered in said action on the 24th
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 ap-
peared In obedience te said order and said
examination has been adjourned until this
twelfth day Of June, 1867, at one clock in
the afternoon that your petitioner has APP
piled to the attorney Of said Vose d Joyce
named In said order for an Adjournment Of
said examination appointed for one o'clock
to day, and acquainted said attorney with
the due filing of his said petition in bank
ruptcy and showed said attorney said GER
tifeate thereof, but said attorney has re-
Wherefore your petitioner prays that an
order of this court may be entered staying
proceedings under said order for examna-
ton, and all proceedings In said cause on the
part of said judgment, creditors, and their
attorneys, until the question Of your petit
toner discharge IN bankruptcy shall be de-
Iivered, and for such further or other order
in the premises as to the court shall seem
meet uoRATIo REED.
Francis c. Nye, Attorney for petitioner,
THE ORDER OF JUDGE BLATCHFoRD.
The petioner in this case having, on the
7th day Of June, 1867 duly filed his petl-
ton in bankruptcy IN the office of the Clerk
of this Court, for the purpose Of obtaining
the benefit of the act of Congress, approved
March ,, 1867, entitled =" An Act to estab-
lish a uniform system Of bankruptcy
throughout the United States" and iG APP
peariGg to the satisfaction of this Court,
that Walter s. Vose and James +. Joyce OBJ
tained judgment in the Supreme Court,
State of New York, against the said HOra-
ito Reed, on the 18th day Of August, 1860,
for the sum of 81 lob 78 damages and costs;
and that an execu ton upon said judgment
against the property of the said Horatio
Reed has been duly issued and returned
wholly unsatisfed, and that said judgment
is a debt provable under the said act; and
that proceedings are now pending IN sald
judgment in the Supreme Court, by means
Of an order for the examination of the said
Reed as a judgment debtor, issued on the
24th 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 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 determination 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 dis
/ charge hereunder shall have been deter.
mined by this court.
SAMUEL BLATCHFoRD.