Nathan Clifford

“ Any creditor opposing the discharge of any bankrupt, may file a specification in writing of the grounds of his opposition, and the court may, in its discretion, order any question of fact so presented to be tried at a stated session of the District Court.'
Mr. G. A. Seixas, for the bankrupts, and in support of the motion to dismiss, contended that the only mode of review at the circuit was by petition, under the first clause of the second section of the act, [1] which Coit, the opposing creditor, had in fact followed, and that in such case no appeal lies to this court ”

“ Whether the bankrupt is entitled to a discharge pursuant to the twenty-ninth section of the Bankrupt Act is always a question to be decided by the District Court under the conditions prescribed in that section. ”

“ Mr. Charles Tracey, contra, argued that none of the cases cited governed this; that they were all upon interlocutory orders; and so no precedent in a case like this, where the debtor was discharged and the debt of the opposing creditor annihilated; a case where he certainly ought to have the privilege of being heard in a superior court. ”