Case No. 6,338.

In re HELLER et al.

[32 Leg. Int. 136.]¹

District Court, S. D. New York.

March 30, 1875.

BANKRUPTCY—VERIFICATION OP INVOLUNTARY PETITION.

An involuntary petition in bankruptcy cannot be verified before a notary public.

An involuntary petition in bankruptcy was filed by several creditors of the firm of Heller Bros. & Co., for an adjudication of said firm as bankrupts. This was opposed by the counsel for the debtors upon the ground that the original petition was not properly verified-verification having been made before a notary public, and not before a judge, register, or commissioner, as provided by section 5017, e. 2, tit 61, of the Revised Statutes.

BLATCHFORD, District Judge, rendered a decision dismissing the petition and all the proceedings, and denying the motion for an adjudication, upon the ground that the petition was not properly verified before a notary public.

¹ [Reprinted by permission.]

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