Page:Federal Reporter, 1st Series, Volume 1.djvu/258

 250 FEDERAL REPORTER. �entries were made after consultation with Eegister Smith, and under his advice, with a view to excluding from the schedule worthless accounts. It is not shown that the entries in any wise worked injury to the bankrupt's estate or were prejudicîal to creditors. �Upon the -whole, therefore, I am brought to the conclusion that neither the tenth nor the eleventh specification has been Bustained. �The specifications of opposition having been disposed of upon their merits, it has been deemed unnecessary to con- sider the exceptions thereto filed by the bankrupt. �I am of opinion that ail the specifications should be over- ruled, and the bankrupt granted his discharge, upon the pre- sentation of the register's certifioate of his conformity to the provisions of the law. �And it is so ordered. �MoKennan, J. 1 sat at the argument of this case with the district judge, in order that the delay in the final determina- tion of it, which might resuit from an appeal to the circuit court, might be avoided, The foregoing opinion, therefore, is to be understood as expressing the views of both of us, and as practically deciding the controversy. ���Frick V. The Countt op Christian. �{Circuit Court, D. Kentucky. March 4, 1880.) �AwARD — CoTiNTT CoMMissiONBRS — RATIFICATION. — An award will not be vacated for want of authority in the oounty commissioners to make the Bubmission at the instance of a party to the arbitration, when such award has been approved by the county court and the money paid by the county in pursuanoe of the same. �Bame — MisTAKES OF Fact. — A demufrer to a bill to set aside an award will not besustainedjWhere the award wasbased upon mistakesof fact which had not been called to the attention of the arbitrator at the time the award was made, and which, if known, would have changed the resuit of the award. ��� �