Sedam

This is an appeal from the District Court of the United States for the District of Idaho, Eastern Division.

The question for decision is: Whether under the record and stipulation of facts as here presented, it must be determined as a matter of law, that the bankrupt and appellant had received a discharge in bankruptcy within six years of the filing of his second petition in bankruptcy and therefore is not entitled to a discharge in this second proceeding.

The stipulation of facts shows that the first bankruptcy petition in case No. 4727 was filed by appellant on January 11, 1935. On October 30, 1935, due and legal notice as required by law was mailed to all known creditors of the said bankrupt fixing Monday, the 2d day of December, 1935, at 10 o’clock a. m. before the referee in Pocatello, Idaho, as the time and the place for hearing upon the bankruptcy petition for discharge; that notice of said hearing was duly published as required by law, and said bankrupt with his attorney appeared at the time and place designated for said hearing; that no other persons appeared and no objections to said petition of the bankrupt for discharge were filed; that at the time of said hearing all…