Anonymous

N.D. New York

Anonymous

1 F. Cas. 1016

CourtDistrict Court, N.D. New York

DecidedJuly 1, 1845

StatusPublished

Cited by1 cases

This text of 1 F. Cas. 1016 (Anonymous) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anonymous, 1 F. Cas. 1016 (N.D.N.Y. 1845).

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Opinion

CONKLING, District Judge,

said he had never entertained any doubt on the point, but had uniformly been of opinion that the opposing creditor was to be considered as holding the affirmative of the issue, and ought to begin. The granting of a discharge was a matter of course,unless objections were affirmatively interposed and affirmatively sustained by evidence. In such a proceeding, the objector was the actor, and the bankrupt stood on the defensive.

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CONKLING, District Judge,

said he had never entertained any doubt on the point, but had uniformly been of opinion that the opposing creditor was to be considered as holding the affirmative of the issue, and ought to begin. The granting of a discharge was a matter of course,unless objections were affirmatively interposed and affirmatively sustained by evidence. In such a proceeding, the objector was the actor, and the bankrupt stood on the defensive.

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Bluebook (online)

1 F. Cas. 1016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anonymous-nynd-1845.

Opinion

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