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In re City Contracting and Building Co. (D. C., Haw.), 30 Am. B. R. 133. Petition filed by one creditor.-In re Blount, 16 Am. B. R. 97, 142 Fed. 263. Hoffschlaeger Co. (Lim.) v. Young Nap., 12 Am. B. R. 515.

How number of creditors computed.

Moulton v. Coburn (C. C. A., 1st Cir.), 12 Am. B. R. 553, 131 Fed. 201, 66 C. C. A. 90, affg. 11 Am. B. R. 212.

The averment that all the creditors of the alleged bankrupt are less than twelve in number does not limit the jurisdiction of the court.

In re Plymouth Cordage Co. (C. C. A., 8th Cir.), 13 Am. B. R. 665, 135 Fed. 1000, 68 C. C. A. 434.

Form No. 72
MARSHAL'S RETURN

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 11.)

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the

district, I personally served the within subpoena upon the withinnamed by exhibiting to ... within original and at the same time leaving with

a copy thereof. I further certify that at the same time and place I left with ... .. a duplicate original of the creditor's

petition for adjudication herein.

Dated

19...

U. S. Marshal

Dist.

I hereby certify that after diligent search I am unable to find the

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district, that being at the residence of said

delivered to and left a copy of the within subpoena with an adult

member of the family, to wit,

at the same time and place left with ... duplicate original of the creditor's petition for dication herein.

and

a

adju

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[For service outside the district see notes following Form No. 108.]

Form No. 73

GENERAL APPEARANCE OF BANKRUPT OR CREDITOR

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 12.)

In the District Court of the United States, for the

.... District

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of ...

:

The clerk of this court will please enter my appearance as attorney for the alleged bankrupt [or a creditor of said alleged bankrupt], who desires to plead herein in response to the petition of

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and be adjudicated

19...

Attorney for.
[Address].

To

and

Cross-references.- See § 18, Vol. I, ante. Also Form No. 74, post.

This appearance must now be filed within five days after the return day. See 18-b, and General Order IV and Equity Rule VII.

Voluntary appearance by alleged bankrupt equivalent to personal service, but only so far as to confer jurisdiction of the person.

In re Mason, 3 Am. B. R. 599, 99 Fed. 256. Shutts v. Bank, 3 Am. B. R. 492, 98 Fed. 705.

Authority of attorney to appear.- [See § 18, Vol. I, ante.]

In re Kindt, 3 Am. B. R. 546, 98 Fed. 867.

Cannot be questioned by answer of alleged bankrupt.

Gage Co. v. Bell, 10 Am. B. R. 696, 124 Fed. 371.

Adjudication should not be made before expiration of time limit.

Day v. Beck, etc., Co. (C. C. A., 5th Cir.), 8 Am. B. R. 175, 114 Fed. 834, 52 C. C. A. 468. In re Humbert, 4 Am. B. R. 76, 100 Fed. 439.

and consented to

Comp. In re Columbia Real Estate Co., 4 Am. B. R. 411, 101 Fed. 965. Even though alleged bankrupt voluntarily appeared adjudication.

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B-R Electric and Telephone Mfg. Co. v. Aetna Life Ins. Co. (C. C. A., 8th Cir.), 30 Am. B. R. 424, 206 Fed. 885, 124 C. C. A. 545.

Effect of appearance of a preferred creditor or an attaching creditor.

In re Burlington Malting Co., 6 Am. B. R. 369, 109 Fed. 777. In re Rogers Milling Co., 4 Am. B. R. 540, 102 Fed. 687. In re Schenkein and ano., 7 Am. B. R. 162, rev'd 113 Fed. 421.

Extension of time to appear.- [See § 18, Vol. I, ante.]

In re Simonson, 1 Am. B. R. 197, 92 Fed. 904.

In re Heinsfurter, 3 Am. B. R. 109, 97 Fed. 198.

Form No. 74

APPEARANCE BY INTERVENING CREDITOR

In the District Court of the United States for the

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District

In Bankruptcy No.

Bankrupt.

To the District Court of the United States for the

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whom a petition for an adjudication in bankruptcy, filed by

.........

District

against

on the ...... day of ..... 19..., is pending, desire to appear in such proceeding; and, to that end, the clerk of this court will please enter my presence, by

St.,

...

..., Esq., of No. whom I hereby appoint

as my attorney for such proceeding, and take note that I join in such. petition as provided in § 59-f of the bankruptcy law of 1898.

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STATE OF...
County of....

City of...

On this

....

day of

SS.:

19..., before me appeared

the intervening creditor above mentioned, and

acknowledged the execution of the above.

Cross-references.- Consult, generally, §§ 18 and 59, especially the latter. See also numerous forms for involuntary cases immediately ante and post.

Form No. 75

PETITION OF CREDITOR TO INTERVENE

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 13.)

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Judge of the District Court of the United States,

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2. That the nature and amount of petitioner's claim is as follows:

and that no part thereof has been paid though duly demanded.

3. That on the ... .. day of ...

... and

........

of this court a petition praying that

19...,

... filed in the office of the clerk

.. be adjudged

an involuntary bankrupt, which petition is still pending.

4. Your petitioner desires to join in the said petition as an intervening creditor therein.

5. (And your petitioner represents that the said ...

while insolvent, etc.) [Allege acts of bankruptcy, if desired, new or in modification of those alleged by original petitioners.]

Wherefore, your petitioner, intervening herein, would respectfully pray that he be allowed to join in the said petition of

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...

be

adjudged a bankrupt within the purview of the Bankruptcy Act of 1898 and the amendments thereof.

Petitioner.

[Verification.]

Cross-references.- See $ 59, Vol. II, ante.

Need only allege facts establishing right to intervene. Not necessary to show facts constituting good answer. Matter of Gibney Tire & Rubber Co. (D. C., Pa.), 39 Am. B. R. 355, 241 Fed. 879.

Form No. 76

ORDER ALLOWING INTERVENTION

(Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 14.)

At a stated term of the District Court of the United States, for the

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