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In re BASHA et al.

United States District Court for the Southern District of New York1912-01-15No. No. 12,588
193 F. 151

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

HOUGH, District Judge

(after stating the facts as above). This is a hard case on the claimant; but the requirement of the statute is imperative, and when one wishes to amend a claim there must be some claim to amend. What is sought to be here held as a claim is nothing done or intended to be done by the claimant. If the affidavit is a claim, so is a schedule. Yet that a scheduled creditor has no proven claim or any claim by virtue of schedules is elementary.

Decision affirmed for lack of power.