 | 1867 - 498 pages
...endeavoring to obtain his discharge; and provided, also, that il' the amount due the creditor is ia ispute, the suit, by leave of the court in bankruptcy, may...judgment for the purpose of ascertaining the amount flue, which amount may be proved in bank, uptcy, but execution shall be stayed as aforesaid. If any... | |
 | William B. Dana - Commerce - 1867 - 494 pages
...discharge, provided there be no unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge; and provided, also, that if the amount due the creditor is ¡в ispute, the suit, by leave of the court in bankruptcy, may proceed to judgment for the purpose... | |
 | Frederick Charles Brightly - Law - 1869 - 680 pages
...there be no unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge ; (I) lamation of the president of July 1st 1862 : Provided,...property shall not include any kind or description (a) A creditor cannot prove a claim for unliquidated damages, without an application for tbe assessment... | |
 | John Gaylord Wells - Commercial law - 1871 - 626 pages
...on the part of the bankrupt in endeavoring to obtain his discharge, aud provided, also, Ui»t if :he amount due the creditor is in dispute, the suit, by...purpose of ascertaining the amount due, which amount may bo proved in bankruptcy, but execution shall be stayed as aforesaid! If any bankrupt shall' at the... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - Law reports, digests, etc - 1874 - 640 pages
...delay on his part. But even here it is provided that by leave of the Court in bankruptcy, the creditor may proceed to judgment for the purpose of ascertaining the amount due, but execution shall be stayed, as aforesaid. The power of the State Courts to proceed with pending... | |
 | Bankruptcy - 1874 - 802 pages
...unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge, and provided, that if the amount due the creditor is in dispute, the suit may, by leave of the Court in Bankruptcy, proceed to judgment for the purpose of ascertaining the amount... | |
 | Bankruptcy - 1875 - 770 pages
...discharge, provided there is no unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge, and provided, also, that if the amount...proved in bankruptcy, but execution shall be stayed."' SEC. 5107. — ïîo bankrupt shall be liable during the pendency of the proceedings in bankruptcy... | |
 | William A. Shinn - Bankruptcy - 1875 - 624 pages
...prosecute to final judgment any suit at law or in equity, therefor, against the bankrupt," "provided" "that, if the amount due the creditor is in dispute,...amount due, which amount may be proved in bankruptcy." What could the claimants, upon the facts as stated, recover at law? (For, in the present condition... | |
 | John Russell Hussey - United States - 1876 - 562 pages
...discharge, provided there be no unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge, and provided, also, that if the amount...bankruptcy, may proceed to judgment, for the purpose of 38 ascertaining the amount due, which amount may be proved in bankruptcy, but execution shall be stayed... | |
 | United States. Supreme Court - Law reports, digests, etc - 1877 - 748 pages
...debtor. Applications of the kind are usually granted ; but the same section of the Bankrupt Act provides that if the amount due the creditor is in dispute,...amount due, which amount may be proved in bankruptcy, the rule being, that the judgment ascertains the amount, but that execution must be stayed. 14 Stat.... | |
| |
... there is no unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge ; and provided also that, if the amount due the creditor is in dispute, the suit, by leave of the court in bankruptcy, may proceed to judgment for the... 
