In re Green
Opinion
Lead Opinion
Sharpstein, J.
— Appeal from an order discharging respondent from his debts. The record shows that upon a petition of the requisite number of creditors the firm of Baxter & Green, and the members thereef, were adjudged to be insolvent, and that they prepare and file an inventory and schedule of all their property and estate, and of their debts and liabilities. Respondent, a member of said firm, filed an unverified inventory and schedule.
After the expiration of more than three months from *163 the adjudication of insolvency, respondent applied to the court for a discharge from his liabilities. Due notice of said application was given to creditors who had proved their debts, and they were notified to appear on a day appointed for that purpose, and show cause why a discharge should not be granted. On the day appointed for that purpose appellant filed an opposition to the discharge of respondent, alleging, as the ground of such opposition, that prior to the commencement of said proceedings in insolvency, respondent procured a writ of attachment to be issued and levied upon all the property of said firm of Baxter & Green, for the purpose of causing the creditors of said firm to proceed against it…