Page:Federal Reporter, 1st Series, Volume 9.djvu/455

140 FEDERAL REPORTER. �In re Sims, Bankrupt. {District Court, Jf. I>. Ohio, E. D. November 26, 1881.) �1. BaNKHTTPTCT — DiSCHAEGB — APPLICATION TO ANNUL — AMENDMENT. �An application for leave to contest the validity of a discharge in bankruptcy cannot be amend<;d, after the expiration of two years from the date of the dis- charge, by adding another of the acts mentioned in section 5110 of the Kevised Btatutes to those already specified in the application. �J. E. Ingersoll, for Henry Nottingham. �W. F. Carr, for bankrupt. �Welker, D. J. On the eighteenth day of December, 1878, the peti- tioner was granted a final discharge in bankruptcy in this court. On the thirteenth day of December, 1880, Henry Nottingham, a creditor of said petitioner, and having a provable debt, and one that had been reguhirly proven, filed an application in writing, desiring to contest the validity of the discharge on the ground that it was fraudulently obtained, and asking this court to annul the same. The application specified several of the acts mentioned in section 5110 as grounds for refusai of discharge, and whioh he intended to prove against him, setting forth the grounds of each particularly and specifically. The bankrupt denied each of the grounds. Before the final hearing of the application to set aside the discharge, on the third day of August, 1881, more than two years after the discharge was thus granted, Nottingham makes an application to amend his original application for annulling the discharge, by adding thereto another of the grounds for refusing a discharge contained in section 5110, to-wit, the eighth : That he had procured the assent of certain of his creditors, and influ- enced their action in consenting to his discharge by a pecuniary con- sideration, and specifically setting out the particulars thereof. �The application for leave to amend is objected to by the bankrupt, and the question is made, shall the amendment be allowed ? Section 5120 provides : �"Any creditor of a bankrupt, whose debt was proved or provuble against the estate in bankruptcy, who desires to contest the validity of the discharge on the ground that it was fraudulently obtained, may, at any time within two years after the date thereof, apply to the court which granted it to annul the fsame. The application shall be in writing, and shall specify which in partic- ular of the several acts mentioned in section 5110, it is intended to prove against the bankrupt, and set forth the ground of avoidance; and no evidence shall be admitted as to any other of such acts, but the application shall be subject to amendment, at the discretion of the court." ��� �