In re McCarthy
In re McCarthy
Opinion of the Court
(after stating the facts as above). There is no express rule in this district by which defects in the form of specifications are waived by the bankrupt’s failure to except or demur to them. Still, it is proper in most instances that the special master should disregard all defects in form to which the bankrupt has not excepted. If the specifications in the case at bar had stated anything which, by any construction whatever, would have come within the statute, I should have held that a failure to except waived any failure of form; but after reading them with a great deal of care, and construing them in the most benign sense possible, I cannot really uiuler-
Therefore there was nothing before the learned referee, and the specifications were, in fact, a mere nullity. I suppose there must-be a degree of meaningless verbiage which the bankrupt can afford to disregard altogether, and I do not think that by failing to except he must be ready before the referee to rebut any proof which the creditor may be then ready to adduce under the statute. The specifications in this case seem to me to be meaningless verbiage, and I think they have no weight in any stage of the proceeding.
■ The discharge is granted, with costs against the objecting creditor as found.
Reference
- Full Case Name
- In re McCARTHY
- Status
- Published