Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868 edition. Excerpt: ...Ezekiel v. Dixon, 3 Kelley, 146. (c) Under Section XXXI., some authorities as to the requirements of specifications filed by creditors who oppose the granting of the discharge will be found. The language of this section is explicit, and leaves but little for construction. The application must specify the particular act or acts upon which the creditor intends to rely, and the inquiry is to be limited to the acts thus specified. " No evidence shall be admitted as to any other acts." Under the insolvent laws of the States, it had been held, that acts not set out in the specification might, for certain purposes, be put in evidence. The clause quoted would exclude such evidence. The act is to be clearly and distinctly stated, so that the, bankrupt may be prepared to answer it. Application to specify grounds of avoidance. If fraud is relied on, the creditor must give the particular aets which constitute the fraud. Dresser v. Brooks, 3 Barb. 429; Kemp v. Neville, 5 Moore, 21; Lathrop v. Stewart, 6 McLean, 630. If concealment is relied on, the manner of the concealment must be stated, and the stage of the proceedings in which it occurred. Brereton v. Hull, 1 Denio, 75. See Rand v. Upham, 2 Fest. (N. H.) 39. The specification may be amended. It has been held, that a specification might be amended under the statutes of the State, permitting amendments of pleadings. Stewart v. Hargrove, 23 Ala. 429. (d) The hearing under this clause is undoubtedly to be had before the court. There seems to be no provision for a trial by jury. If the facts specified are proved, and if the court is satisfied they were not known to the contesting creditor before the discharge was granted, the discharge shall be set aside and annulled. As to what constitutes...