Year: 1875

In the case of Delos W. Getchell, an involuntary
bankrupt Judge Batchford, Of the United States Dis
trict Court gave yesterday decision embracing sew
eral important points in bankruptcy proceedings. The
following is a statement OF the facts OF the case and
epitome of the opinion given by Judge Blachford en-
bodying his decision.


The petition was filed February 25 1875 An order
issued to show cause, returnabe March g 1875
The petition was verified by the taking oaths before


notary public, before tho publication OF the United
States Revised Statutes approved % 1874 repeal
ing the statute which authorized oaths be
fore notaries public be used in proceedings In the
United States courts On March 0, 1875, proof OF
service of the petition and order TO show
cause the debtor presented to
the Court in the form of affidavit
made by William c. Gaylor, and sworn to before a
notary public The affidavit contained no name In
il the officer that he had served certified copy
of the petition and OF The order to show cause on
Deos w. Getchell of the city of New York, on
February 20, 1875, by leaving the same personally
with him. On the same day order of adjudication
was entered in the default OF Gotchel to appear
Thereupon warrant was issued and his property taken
and turned to assignee and number Of proofs
of debt wero filed, and the bankrupt filed app


cation for his discharge, the proceedings being now
depending undetermined before a register On Novcm-
Der 1875 creditor who Is not shown TO have proved
his debt presented petition TO the Court praying
have the adjudication and subsequent proceedings
vacated the grounds that the original petition
reviewed before notary public; that no deposition
20 any act OF bankruptcy deposition to any claim
OF any petitionng creditor Is TO be found the
files Of the Court; that gnch depositions have
been presented to the Court filed in it, that
the proof of service of the petition and order to show
cause on the debtor defective in that the name
not stated therein, that the oaths taken be-
fore notary public and that II did not allege that the
petition and the order 10 show cause were served
The debtor by delivering the same TO him personally,
by leaving the at his last place of abode, and
that no order OF publication had been entered or OBJ
taincd In his decision Judge Blatchford says:-'sAs
TO the verifcaton OF the petition before notary pub
lie this was Irregular but the irreguarity did not
effect the jurisdiction OF the Court. II, before the
order OF adjudication entered the rreguary had
been brought to the notice of the Court II could and
would have been remedied; but the question as to
whether the petition is verified before a
proper officer IS one OF practice and not
Of Jurisdiction II is competent for the Court to de-
eide that 4 has been verified before proper officer
and when il has So decided and order Of adudica-
ton has been entered it TOD late for the debtor or
any creditor to raise the question. AS TO the
dispositions which not to be found file, and
which, II is alleged, fled, the objection Is
OF the same character with regard to the verh
spect to the absence of the statement of any venue in
the affidavit Of service OF the petition and order to
show ceuse the debtor and the objection that such
nfndavit was sworn to before notary public and the
objection that sucn affidavit did not aege that the
petition and the order to show cause were served on
the debtor by delivering the to him personally or
by leaving the at his last place OF residence and
that no order for tLe publication Of the had
entered or obtained, not tenable They are not
made by the debtor but by creditor who does not
elx months after an adjudication OF bankruptcy has
been entered The application is denied, with costs