In re Bartlett
In re Bartlett
Opinion of the Court
The principal questions which were made in this case, at the hearing at nisi prius, have been since considered and decided by the court, in another case. Eastman v. Hillard, 7 Met. 420.
The court are now of opinion that the construction of the statutes, the grounds of which are somewhat fully stated in the exceptions, was correct. The principal alteration of the provisions of the insolvent laws, effected by St. 1844, c. 178, was, that a debtor, whose assets do not pay fifty per cent., shall not be entitled to his discharge, if a majority of the creditors file their dissent with the master, within six months. The provision of § 4 of that statute is, that a debtor, whose assets dc
The exceptions are overruled, and the appellant is entitled to a hearing, and to his discharge, notwithstanding the dissent of a majority in value of the creditors, if found entitled to a discharge under the other provisions of the insolvent laws, including the St. of 1844, so far as it is applicable to his case.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.