Page:Federal Reporter, 1st Series, Volume 1.djvu/472

464 ���FEDEBA.L BEFOBTEB. ���the petitioning defendant alone under the act. It is not neo- essary to pass on those points. The motion to remand is granted. ���In ee G-eoome. {District Court, W. B. Pennsylvania. March 20, 1880.) �BANKBUPTCY — SCHBDDLE Creditor — Failube TO Keceive Koticb of Adjudication — Rettthn op Service dpon the Watîrakt in Bank- RUPTOY. — An adjudication in bankruptcy will not be set aside more than one year and nine months after the flling of the bankrupt's petition, upon the application of a schedule creditor, on the ground that such creditor had not received notice of the adjudication, and, as far as he waa able to learn, no such notice had been mailed or otlierwise sent to him, in the absence of an averment of want of actual Isnowledge of such adjudication at or near the date thereof, where the return of tiie marshal to the warrant in bankruptcy showed due service of the notice of adju- dication upon the moving crediter. �Bame — Allegation of Residence — Amendmbnt. — The averment of such moving creditor that, at the time of the fl)ing of the petition in bank- ruptcy and at the time of the said adjudication, the bankrupt was not a resident of or dolng business in the judicial district where the bank- ruptcy proceedings were instituted, does not traverse the allegation of the petitioning bankrupt that he has carried on business in said judicial district for the six months next immediately preceding the flling of his petition, nor wiU such creditor be permitted to amend his petition in this respect. �Samb — Examikation of Bankrupt — Creditor with Provablb Debt. —A creditor who has a provable debt has a riglit to examine the bank- rupt, upon an application for a discharge, although such debt has not been in fact proved. �In Bankruptcy. Sur rule upon petition of William T. Car- ter to show cause why the adjudication in hankruptcy should not be set aside, etc. �AcHESON, J. On the ninth day of February, 1880, Wil- liam T. Carter, a creditor of Samuel W. Groome, the bank- rupt, presented his petition, in which, after averring that it was the duty of the said Groome to cause notice of his adju- dication in bankruptcy to be served on the petitioner through the marshal, he alleges that "no such notice, however, was ��� �