Page:Federal Reporter, 1st Series, Volume 5.djvu/735

 IN EE VERNIA. 72S �I cannot see why the same principle does not apply here. Befôre this debt was proved, and ,at ail timeô after the ex- piration of the day appointed for the creditors to show cause, until this proof of deht was filed the hankrupt was entitled oa the record as it stood to his discharge, there being no debta proved, and no opposition made. If the case Tiad been brdiight to the attention of the court within those dates he ■would have been discharged before this proof of debt was filed. Ile cannot be now defeated of his discharge by filing a claim too large to bring his case within the amount ' of assets required to entitle him to a discharge. A crediter, if he wishes to influence the question of the bankrupt's discharge,, must prove his debt on or before the day appointed to show cause, 80 that it may be reckoned in determining whether the assets be equal to 30 per centum of the claims proved andcounted against it, if he withholds his assent in writingj or else.he must appear on that day and enter his opposition for cause, and file his specifications within the 10 days- allowed for that purpose. Failing to take either of these steps, the weight of his claim is lost, and the right of opposi- tion gone. He must, then, be regarded as consenting to a. discharge, although he subsequently prove his debt and re- ceive less than 30 per centum of his claim. �Let a discharge be granted. ���In re Veenia, Bankrupt. {District Court, D. Kentucky. , 1880.) �BaIiKHITPTGT— DiSCHABGE— BOOKB 01' ACCOUNT— CaSB IN JUDSMBNT. �Although a merchant neednot keep his books after the most ap- proved methode to entitle him to à discharge as à bankrupt, he must have )i&pt accounts and books so that a competent accountant may, Irom the; books themselves, ascertain his true anancial condition. Eeld, therefore, that where a bankrupt kept no books, except a smali pocket memorandum-book, in which he entered each day his cash received ana cash paid eut; a blotter, in which he entered his daily credit sales; aiid a book in wbich he kept accouate With those tb. ����