Court of bankruptcy has no jurisdiction to administer upon estate of an alleged secret partner without declaring him a bankrupt or finding him insolvent. In re Kramer and Muchnick (D. C., Pa.), 33 Am. B. R. 223, 218 Fed. 138. (See notes following Form No. 71.) Effect of objection by non-joining partner, to petition filed and adjudication had without notice to him. In re City Contracting and Building Co. (D. C., Haw.), 20 Am. B. R. 171. Must allege insolvency and act of bankruptcy by partnership. Matter of Ollinger & Perry (D. C., Ala.), 47 Am. B. R. 203, 274 Fed. 970. Form No. 67 ORDER TO NON-JOINING PARTNER TO APPEAR AND PLEAD; SERVICE BY PUBLICATION It appearing in the above case, now pending before referee in bankruptcy for the District of State of ... that it is the purpose of .... county of .. the proceedings to adjudicate the firm of to be bankrupt, as well as the individuals composing said firm, and it further appearing that a member (or members) of the firm, has not joined in the petition of his copartners herein filed: It is therefore ordered that this case be set down for hearing before referee in bankruptcy, at his office in .... on the said... day of .... .... at ...... o'clock ... m., and the .. is hereby ordered to appear at that time and place, before the said referee, and then or there to plead to or answer the petition now on file, in case he desires to contest the same, or, in default of such appearance and pleading, the prayer of the petition will be granted. It is further ordered that a copy of this order be personally served upon the said ... at least fifteen days before the time for said hearing, if personal service can be had, but, if such service cannot be made, then, upon filing with the referee an affidavit showing that fact, this order may be served by publishing the same once a week for six consecutive weeks in the Form No. 68 AFFIDAVIT OF PAUPER IN VOLUNTARY PROCEEDINGS In the District Court of the United States, for the of IN THE MATTER OF D. J. District In Bankruptcy No. Bankrupt. State of.... SS.: being duly sworn, deposes and says: that he is the petitioner herein and resides (or has his principal place of business) at ..... ... in the city of ... That he is wholly without money or means and cannot obtain the money with which to pay the necessary fees for the filing of this petition and that he has agreed to pay his attorney for his services the sum of $............. no part of which has been paid. Sworn to before me this Cross-references.- See § 51a (2); ... day of .. 19... General Order XXXV (4). In re Mason, 25 Am. B. R. 73, 181 Fed. 899. Sellers v. Bell (C. C. A., 5th Cir.), 2 Am. B. R. 529, 94 Fed. 801, 36 C. C. A. 502. In re Hines, 9 Am. B. R. 27, 117 Fed. 790. district, has, for the greater portion of the six months next preceding the date of the filing of this petition, had his principal place of business at the .... of ..... in the county of 29 ........ in said district, and is by occupation a ... owes debts to the amount of one That the said thousand dollars ($1,000) and over, is insolvent, and is neither a wage-earner nor a person engaged principally in farming or the tillage of the soil.30 [business] [commercial] and not a municipal, railroad, insurance or banking corporation.) (That, the said has less than twelve creditors.) That your petitioners are creditors of said.. having provable claims against him which amount in the aggregate, in excess of the value of securities held by them, to five hundred dollars ($500); and that neither of your petitioners is entitled to priority of payment on his said claim, within the meaning of § 64-b of the bankruptcy law of 1898, nor has either of your petitioners received a preference within the meaning of § 60-a-b of such law, as amended.33 That the nature and amount of your petitioners' claims and the securities held by them, if any, are as follows:34 That, within four months preceding the filing of this petition, viz.: on the ...... day of ...... 19...,35 the said .... while insolvent, committed an act of bankruptcy in that he did 36 (That 37 your petitioners have made diligent effort to find the said within said district; that he is not, and has not for .... days been at his place of business; nor has he during the same time been at his usual place of abode; that, according to your petitioners' best information and belief, the said ... has absconded; and that personal service of a subpoena cannot be made on him in said district.) 38 Wherefore, your petitioners pray that service of this petition, with a subpoena, may be made upon ... as provided by said bankruptcy law of 1898 as amended, and that he may be adjudged bankrupt within the purview of such law. itors mentioned and described in the foregoing petition, do hereby 34. Set out sufficient facts to inform the court as to amount, consideration, and the like. 35. If the act of bankruptcy was evidenced by an instrument that was required to be recorded or might be recorded, see § 3-b(1), and modify this allegation to fit the facts. 36. Here set out the act of bankruptcy clearly, giving sufficient facts as to time, place, transaction, etc., to show unequivocally the commission of an act or acts bringing the case within one of the subdivisions of § 3-a. 37. Use only when order of publication is to be asked. Change facts in form to fit the facts of each case. 38. If the bankruptcy of a partnership is desired, modify this clause so that it will ask adjudication of both the partnership and the individuals. See Form No. 117. 39. If verified by members of a partnership or officers of a corporation, describe the affiants properly. severally make solemn oath that the statement of fact contained in the foregoing petition are true.* 40 Subscribed and sworn to before me, this .... day of 19... Cross-references.-See §§ 3, 4, 5, 18, and 59, ante. General Orders IV, V, VI, VII, IX, XI, ante. Equity Rules XX, XXV, XXVIII, XXX, Vol. IV, post. This form should be executed in duplicate. It is intended as a substitute for Form No. 3, which is clearly demurrable. Involuntary Proceedings. Filing. [See § 18, Vol. I, ante.] See also, Millan v. Exchange Bank of Mannington (C. C. A., 4th Cir.), 24 Am. B. R. 889, 183 Fed. 753, 106 C. C. A. 327, certiorari' denied in 219 U. S. 584, 55 L. Ed. 346. In re Stevenson, 2 Am. B. R. 66, 94 Fed. 110. In re Dupree, 8 Am. B. R. 321, 97 Fed. 28. In re Plymouth Cordage Co. (C. C. A., 8th Cir.), 13 Am. B. R. 665, 135 Fed. 1000, 68 C. C. A. 434. Power to adjudicate.- Residence and domicile distinguished: [See § 2, Vol. I, ante.] Mitchell v. United States, 21 Wall. 353. In re Davis (D. C., N. J.), 33 Am. B. R. 16, 217 Fed. 113. Partnership domicile. In re Mitchell et al. (C. C. A., 2d Cir.), 33 Am. B. R. 463, 219 Fed. 690, 135 C. C. A. 362. In re Williams, 9 Am. B. R. 736, 120 Fed. 34. In re Williams, 3 Am. B. R. 677, 99 Fed. 544. In re Grimes, 2 Am. B. R. 160, 96 Fed. 529. In re Dinglehoef, 6 Am. B. R. 242, 109 Fed. 866. In re Filer, 5 Am. B. R. 332, 108 Fed. 209. In re Scott, 7 Am. B. R. 39, 111 Fed. 144. In re Clisdell, 2 Am. B. R. 424, 101 Fed. 246. In re Blair, 3 Am. B. R. 588, 99 Fed. 76. In re Garneau (C. C. A., 7th Cir.), 11 Am. B. R. 679, 127 Fed. 677, 62 C. C. A. 403. In re Waxelbaum, 3 Am. B. R. 267, 97 Fed. 562. In re Mathews Consol. Slate Co. (D. C., Mass.), 16 Am. B. R. 350, 144 Fed. 724, aff'd (C. C. A., 1st Cir.), 16 Am. B. R. 407, 144 Fed. 737, 75 C. C. A. 603. 40. Verification on information and belief not sufficient. See 18, ante. "Verification of Pleadings." If, for any reason, this verification is made by attorney, change to fit the facts, and bring it within the cases cited under 18, ante. "Verification by Attorney." |