Page:Federal Reporter, 1st Series, Volume 3.djvu/227

 220 FEDERAL REPORTES. �it and ask a discharge, it is adjudged that there bas been unreasonable delay upon the part of the bankrupt in preseut- ing bis cause and asking for a discbarge, and upon motion of Jones, Berry, and otber ereditors, it is now ordered that said ereditors, and ail otbers who bave proven tbeir debts against said bankrupt, bave leave to prosecute any and ail Buits in law or equity tbey or either of them could bave done had said Kelly never been adjudged a bankrupt. It further is ordered that said Jones and Berry, petitioning ereditors berein, recover of said Caleb Kelly tbeir costs expended herein, and may bave execution tberefor. ���In THE Matteb op Marshall, Bankrupt. �{District Court, D. Keniucky. June, 1880.) �1. Bankbtjftcy— DiscHAKGE — Rev. St. } 5110. — The discharge of a bank- rupt is invalid under the eighth subseotion of section 5110 of the Re- vised Statiites, where the consent of a creditor to siich discharge was obtained by the father of the bankrupt, in consideration of a Dromise that such debt should be paid in full. �In Bankruptoy. �Bakr, D. J. Tbis case is submitted on the question of an- nuUing the discbarge granted bankrupt December 17, 1879. The bankrupt filed bis petition to be adjudged a bankrupt in �January, 1876, and be was so adjudged on the day of �January, 1876. He reported no assets except sucb as were afterwards set apart to bim. He reported a list of ereditors, ten (10) in number, amounting to $2,455. Five of these ereditors proved tbeir debts, wbich amounted in the aggre- gate to over |1,600, and S. E. Jones was elected assignee on the eighth of Pebruary, 1876, and accepted. , Jones, on the nineteenth of April, 1879, filed bis petition, setting out the fact that no assets bad been received by bim, and that the bankrupt bad not applied for his discharge, and asking to be discharged from bis trust. Thia was done. After tbis, on ����