Page:Federal Reporter, 1st Series, Volume 6.djvu/177

 WALD V. WEHL. IQo �are two oaths to schedule B. One is signed "Albert Netter.", It states that he "did declare the said schedule to be a state- ment of ail bis estate, both real and personal." The otber is signed "Gabriel Netter, by Albert Netter, bis agent." It states that "Albert Netter, the duly authorized agent and attorney in fact of Gabriel Netter, the person mentioned in and who subscribed to the foregoing petition and sobedules marked B, respectively, and wbo, being by me first duly sworn, did declare the said schedule to be a statement of ail bis estate, both real and personal." The petition was filed April 23, 1878. The order of reference to the register, made that day, recites that "Albert Netter and Gabriel Netter in bankruptcy against himself." The adjudication made April 29, 1878, by the register, finds "that the said Albert Netter and Gabriel Netter, as partners and individuals, have become bankrupts, " and declares and adjudges them bank- rupts accordingly. The appointment of the plaintifff as assignee is entitled, "In the matter of Albert Netter and Gabriel Netter, partners as Netter & Co., and as individuals, bankrupts," and he is appointed "assignee of the estate and effects of the above-named bankrupts." The assignment by the register to the plaintiff recites that the plaintifff "bas been duly appointed assignee of the estate of Albert Netter and Gabriel Netter, partners as Netter & Co., and also as individuals," and assigns to him "ail the estate, real and personal, of the said Albert Netter and Gabriel Netter, as partners and as individuals." �The defendant takes the objections that the petition and schedules are not signed or verified by Gabriel Netter; that it does not appear that Albert Netter had authority to sign the petition as attorney for Gabriel Netter; that no rea- son appears -why Gabriel Netter did not sign the petition himself; that the oath to the petition and the oaths to the schedules do not contain any allegation by Albert Netter that he is the agent of Gabriel Netter, but merely describe him as such agent; that such description in the oaths is merely the averment of the officer before whom the oaths were taken, ��� �
 * * bas * * filed * * a petition for adjudication