Alexander H. Mall & Co. v. Ullrich

37 F. 653

Opinion

Welker, J.

¡Section 5120 of the Revised Statutes (bankrupt law) provided an absolute bar, where the jiefition ivas not filed within two years from the date of the discharge. The limitation is not in any way controlled by the discovery of the fraud; and the limitation provided by law' in actions by or against assignees in bankruptcy founded upon frauds, and providing that the limitation begins to run from the discovering of the fraud does not apply in this class of proceedings. The demurrer is therefore sustained, and petition dismissed, with costs.