New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-11-25
A QUESTION OF JURISDICTION.
EFTECT OF An IRRt GULAFITY IN PRACTICE IN TIE
cr .rrs L-..L-

EFFKCr or An IRRFGULAFTTY IN PRACTICE IN TIE
UNITED STATES COURTS.
In the United States District Court yester-
DAY. Judge LldtchlOTd rendered Important decision
respecting the effect of irTeguarty IN practice on the
jurisdiction OF the Court. In the case OF Deos W.
Getche involuntary bankrupt, the petition Wa lied
Oh Feb. 25. 1875. An order 10 show issued
on the same day and made returnable March g. 1879
The petition verified before notary public. This
done before the Revised Statutes OF tue United
States approved June %, 1874, PROMULGATED and
ghen 1t known that their effect such TO
repeal tue statute which authorized Oaths 10 be used ia
Proceedings United States courts 10 be taken before
public. On March 6, 1879, proof of service OF
the petition and order TO show cause the debtor
presented the United States District Court in the form
Of affidavit made 10y ". Gayier ard sNon 10 before
notary public Ou the day an order Of adiudca-
ton entered the default OF Getcei to appear ad
Judging him bankrupt. warrant then issu,.l
npon which his property taken and assignee
appointed. An assignment made to hun, and. after
the usual proceedings under it, a creditor Of the bank
rdpi, not shown to have proved his debt, pre-
Sented 10 the Court petition praying that the adjudc
ton bankruptcy and the proceedings Hereunder DO
vacated on tie grounds that the original petition
verified before notary public that deposition OF any
witnesses to any OF bankruptcy and deposition
any clam Of any petihoDDg creditor, I've found
the files Of the CONT The proof OF service Of the petit
Lon aud order 10 show the deb.or detective
the not stated therein, aud ii to
before a notary public.
Judge BatchfOd reserved his decision nnt Yesterday,
uh'n he denied the petition with costs. He said:
The NerhCtti0n 81 thc petition before a notary public
u irregular but the ifIeguaUty dd lot affect the ja
rsdcOn Oi The court. L. before TIE orcor of aduit
bou was entered, lie ircguauty had been brought 10
tie notice 0i the Count, u could ana would have been
rIneDied. Tie question whether the petition verified
lciCr proper 'hccf ls one az practice aud urs
ocon. IL Il competent Tor lie Cont decide thai II is
Ycrin'd beiuie IOp~r officer and VIXEN Court has
40 decided ana AL order O Indication been catered
n too late fOI tie dcbtOr Tor any cletol 10 rails tie
question. An order Of adiudG aOn j. Judgment aud
a. snseNe any other Judgment cure rrcguiItcs
h practice which d. not touch ic iur,sli loa OIL fhs
Court As to tie dep0siiions wioh are rot he found
Oh uie' ana Nhch L. at Eoi were never died, tie Oh
.On II % TIE sine character with that gard o. the
Hits"i"IH! 81 nc itiiith The objection
d. eslac I" Ne absence o. the statement of any n
~ Le ahdaN oI service VI the petition ana order o.
chow cHsc on TIE debtor aud the objection that such
affidavit "ar eWoin Ia before notary public and he
0iJ,t uD tla such andalt did not alec thai the pct,
Ton ght the ofder 10 show cause served on the
Debtor by delivering the 70 him personally or Ly
leaving The aIs az his last place OF sdrnee and .haf
No. .nrr lDr The publication Oi Use had been emf r,l
o. "6aired, DIe not enahle. Jley not lad. y o
Debtor. iu creditor, who noes bring item to tic
attention ~ ga count until Nearly months after an
hdju'ica lion O bankruptcy has been entered.
A. sampler fOr life DUPLICATION, and ". +. Scot or
p0s5d. VI