In re Emison

8 F. Cas. 666, 1 Chi. Leg. News 342, 2 Nat. Bank. Reg. 595, 1869 U.S. Dist. LEXIS 325

Opinion

BALLARD, District Judge.

I concur with the register. If the creditor wishes to withdraw the instrument proven, he may do so in pursuance to the provisions of the twenty-fourth section of the bankrupt act [of 1S67 (14 Stat 528)], but the proof cannot be withdrawn at all. Doubtless it may be waived, but it cannot be withdrawn.