The age-herald., 1900-01-24
REFEREE MAKES
 IMPORTANT RULING
ERecting Claim of Exemptions in
 Bankrupt Proceedings.
OPINION IN LEBANOFF CASE
Holds That Exemptions Are Waived Ii Not Claimed in Season-Days' Doings at the County
 Court House

An important decision in the matter of
 exemptions in bankrupt proceeding has
 been handed down by Referee Trimble, of the bankruptcy court. which establishes very important precedent and is of special
 interest to the bar of Alabama.
 The decision was handed down in the case of M. Lebanoff, bankrupt, on a claim of
 exemption which under the ruling was dss-
 allowed.
 On October 26 1899, Lebanoff filed his pe
 titlon in bankruptcy scheduling his as-
 sets at $2 7s0, and his liabilities at $S,64O.
 The petition con tained no reference to ex-
 empHons, except the following words
 And your petrsicner hereby surrenders
 to the court all of his property and assets,
 except such as is exempt by law"
 The petition was referred to Hon. Chas
 Turner, referee, who appointed J. H. Wal
 lace receiver of the estate, and on petition
 of the bankrupt ordered the receiver, af-
 ter making am inventory of the stock, to
 sell same to the highest bidder. The
 stock was duly sold, and realized s950,
 which reported to the court No
 vember 10, 1899. On December 1, 1s99 the
 bankrupt filed claim of exemption to the
 money in the hands of the receiver. Six days later the attorneys for the creditors flied a motion to strike the claim of ex-
 enayticm from 1ne file, assigning grounds that the claim was made too late and that exemptions are waived by failure to claim same.
 On January 16 the question was taken up before Referee Trimble on the motion of
 the creditors, and was argued and sub
 mitted
 The referee yesterday Banded down his
 decision, rendering a written opinion, in
 which he sustains the motion and refuses to allow the claim of exemptions. The opinion cites many cases from the supreme court of Alabama which hold that claim of exemption to personal property
 must be set up before sale; or will be held | to be waived, and that the right to claim l exemption in Alabama is a mere personal | privilege which may be and is lost, or l waved, by failure to assert within season. l The creditors were represented by M. l M. Ullman and Thompson and Thompson, while Cabaniss and weakley represented the bankrupt.
 An appeal will likely be taken to the cir | cult court. Circuit Court In the circuit court Rebecca McNeal filed | bill for divorce from her husband, Jeff l McNeal, alleging cruelty. The marriage l took place in Rockdale Milan county, | Texas, in 1897.
 In the same court, in the matter of Wash l Persons against the Sloss Iron and Steel company for damages in personal injuries, l the jury returned verdict for the defend ant. The case of Ross Thompson by his next friend against the Sloss company, judgment l was rendered by consent in the sum of S400. l In the case of James D. Thompson, in- l volved in the same matter, there was a l judgment by consent for sl0O. Marriage License In the probate court marriage licenses l have been issued to Joe Passenger and l Miss Nettie Satterfied, J. A. Coates and l Miss Uett!e Tucker. George Busby and 1 Miss Lydia Benefield, James Brown and 1 Miss Mary Brodie, T. M Parvin and Miss l Eugenia Clark. K. A. Gound and Mrs. M. | l.. Trice, John Zappas and Miss Belvar l Perry, w. A. Hamaker and Miss Zilla | Beasley,