In re De Ford

7 F. Cas. 362

• Court: District Court, W.D. Tennessee
• Decided: July 1, 1879
• Status: Published

Opinion

HAMMOND, J.

I concur with the register in the foregoing opinion. Section 4998, Rev. St., is a clear grant of power to the register-to make adjudications of bankruptcy in cases, unopposed. There is no more of an anomaly in the exercise of such a power by that officer than in its exercise in any other matter in an involuntary case where there is no contest-General order No. 4, and form No. 60, with its note I, taken together, mean only that there t shall be no reference in a contested case of involuntary bankruptcy until after adjudication. When the alleged bankrupt suffers a default, the court may refer the case to the register to enter the order of' adjudication, because it appears that there is no opposition. As soon as a contest arises in any matter before the register, the act makes ample provision for its decision by the court Rev. St. § 5009. My learned predecessor made a general order referring all involuntary cases, where default was made upon the order to show cause, to the register, and authorized him to make adjudication, it being then an uncontested matter. It was a convenient and necessary practice, as he was necessarily often absent at long intervals from each of the three judicial districts of which he had charge. I have no doubt of his power to make that order, and I shall not disturb it.. The application to vacate the former order of adjudication is therefore denied. The clerk will certify this opinion to the register.