The New York herald., 1868-01-29
NEW YORK CITY.
THE COURTS.
UNITED STATES DISTRICT couaT-IH BANKRUPTCY

OpposilI0n ia the Discharge of Bankrmpis-
Important Decisi0n.
Before Judge Batchford.
Judge Bla,chford yesterday morning rendered the
subjoncd decision In the OF Sieglrsd Isdor and
Jules Bumcn nthai bankrupis;--
In this case creditors opposed tbs discharge Of the
bankrupts and filed specifications OF opposition before
the register which, with all IT., papers in the case
The Court has held the specifications 10 be
irregular 10 form, and has allowed ten days.
time 70 the opposing creditors to Me new
spscincetionS The creditors now ask for an examna-
non under section twenty-sx OF the act This spplca
ton s made on behalf OF fourteen creditors who havo
One OF such notices on behalf OF William drummer
Co.. who have not proved their debt As TO the other
tnreen debts three OF them proved July o. 1866
Inc ueots Of eight OF them were proved September o.
1857 the debt OF one OF them proved September H.
1857, and tho debt Of the remaining Of them was
against the discharge Of the bankrupts was December
~, 1857 Abundant opportunity was afforded to
oa unasr casre.s % 70 examine The bankrupt on
took any steps for that purpose. The bank
rnpts were examined at considerable length
by enc Of the assgnses order for that purpose
obtained by the assignees Those examinations took
place from December TO 10 December 81 1857 and
le among the papers. Under these circumstances
do not think II would be reasonable require the bank
rupts now to submit examination under section
twenysx especially as NO reason for doing is shown
by the aiidavits.
Petitions Filed YESTERDAY.
Henry T. Kent. New York referred to Register Allen
Stephen Abbey, Kingston. Ulster county, and Samuel
Harris Catskll, Greene county referred to Register
Gates. George ". +. Wilcox, New York. referred to
Register Dwight Joseph Dunkespel, New York re-
ferred to Register Kechum. Louisa Horschberg, New
York; referred to Register Ketchum.
Important Question ss to When n Discharge
in Bankruptcy Shall BE Allowed.
In the Matter Of George S. Md,csoi BdArt,p. This
had been referred to Register Fitch, and pending
tho examination OF tho bankrupt question arose,
the objection Of OF tho opposing creditors that th
bankrupt should not DO discharged for that no
had in violation Of section twenty nine Of the Bankruptcy
act procured the assent OF Arnold, Neusbaum and Neid
hnger to his discharge, and had influenced the action Of
said creditors pending tho proceedings by pecunary
consideration. This question was certified to tho Judge
for his opinion.
Upon the point 80 certified Judge Blatchford
yesterday rendered the following decison:--I do
not think that the question certified as to whether
the bankrupt is OF is not, on the facts
got FORTH entitled to his discharge is which the
opposing creditor Is a. liberty, al this stage Of the case
10 take the opinion or the District Judge under section
Blk OF the act The question is not which has
arisen or can arise In the Of the proceedings
before tho register for the that by section four
OF the act the register s forbidden 10 hear any ques-
tion as to the allowance Of order OF discharge Nor
is question which has arisen upon the result Of any
proceedings before the register because
ton can arise the result OF any such proceedings
until the opposing creditor has filed, under General
Order No. a. specification OF the grounds OF his oppo-
sition TO discharge and when that done the case ia
then, po fdcto removed from before tho register ana
taken into court under section thirty-ono OF the
General Order No. "a and rnle sixteen OF this