The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 60
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60 256 FEDERAL REPORTER
It is unnecessary to decide whether the military force at Camp
Devens constituted an army "in the field."
There is no proper return to the writ; but that fact is no sufficient
reason for depriving the petitioner of his legal rights. An order may
be entered discharging him from custody.
In re MAIER.
(District Court, D. Maine. March 4, 1919.)
BANKRUPTCY 4:=40--EXTENSION OF TIME FOR PETITION FOR DISCHARoE-M1
TION TO VACATE ORDER.
A motion to vacate an order extending the time for a bankrupt to file
petition for discharge denied, as not having been seasonably made.
In Bankruptcy. In the matter of Augustus W. Maier, bankrupt.
On motion to vacate order extending time within which to file petition
for discharge. Denied.
Howard Davies, of Portland, Me., for bankrupt.
Frank H. Haskell,. of Portland, Me., for petitioning creditor.
HALE, District Judge. In this case the adjudication was July 21,
1917. On January 16, 1919, the bankrupt filed a petition for an ex-
tension of time in which to file petition for discharge, Petition for ex-
tension of time was allowed; on the same date his petition for dis-
charge was filed., This ws done under section 14 of the Bankruptcy
Act of 1898 (Act July 1, 1898, c. 541, 30 Stat. 550 [Comp. St. 9598]),
which provides that:
"Any person may, aftdi the ;expiration of one month and within the next
twelve months subsequent to being adjudged a bankrupt, file an application
for a discharge in the court of, bankruptcy in which the proceedings are pend-
ing; if it shall be made to appear to the judge that the bankrupt was unavoid-
ably prevented from filing it within 'such time, it may be filed within but not
after the expiration of the next sit months."
In the exercise of its judicial discretion the court, finding that the
bankrupt was unavoidably prevented from filing petition for dis-
charge within the 12 months, extended the time to 18 months.
After the expiration of the 18 months, namely, on February 5, 1919,
a motion is filed by Willard B. Sweetsir, a creditor, to vacate the order
of January 16, extending the time of filing the petition for discharge.
This motion to vacate is based upon the allegation that the motion to
extend the time was an imposition on the court from the fact that the
bankrupt was not "unavoidably prevented," within the meaning of the
statute, because the bankrupt was not ill during the greater portion of
the 12 months.
This motion to vacate is addressed to the judicial discretion of the
court. It is ex parte, and without notice to creditors. The granting
::For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indezxe
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/74/: accessed February 25, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.