from their account and the agreement by a committee of the creditors for expert services is not clearly set forth in the record. Matter of Bien Co. (1915), 165 App. Div. 679, 151 N. Y. Supp. 103. ARTICLE XVIII. WHO MAY BE DISCHARGED AND BY WHAT COURT. (Fiero, Spec. Pro., 3rd Ed., pp. 1084-1086.) A defendant, who has been convicted for a violation of the Conservation Law and imprisoned under section 28 thereof, cannot be discharged under the provisions of the Debtor and Creditor Law relating to the discharge of a judgment creditor from imprisonment. Matter of Locke (1916), 174 App. Div. 287, 160 N. Y. Supp. 431, affd., 222 N. Y. 538. ARTICLE XXII. RELATION OF THE ACT TO STATE LAWS. (Fiero, Spec. Pro., 3rd Ed., pp. 1098-1100.) All proceedings in bankruptcy relate to the time of the bankruptcy adjudication, and a contention that under section 1391 of the Code of Civil Procedure relating to garnishment a judg ment creditor is entitled to ten per cent. of the bankrupt's salary down to the time the judgment should be cancelled pursuant to section 150 of the Debtor and Creditor Law is untenable as the provisions of the Bankruptcy Act are paramount to the State statutes. Friedman v. Gibbons (1917), 101 Misc. 356, 167 N. Y. Supp. 685. ARTICLE XXIV. JURISDICTION OF STATE COURTS OVER BANKRUPT ESTATES. (Fiero, Spec. Pro., 3rd Ed., pp. 1102-1106.) A State court has power to pass the account of a temporary receiver appointed in proceedings to dissolve a corporation which afterwards was adjudged a bankrupt, and to make an allowance. to him for services up to the time of the adjudication, so far as they have been beneficial to the bankrupt's estate, and also to make allowances to his attorneys for services beneficial to the estate. In re Board of Directors of Suburban Construction Co. (1913), 143 N. Y. Supp. 363. In an action against two defendants as co-partners for goods sold and delivered, an adjudication in bankruptcy against one of them who was not served and did not appear, does not oust the court of jurisdiction, and, in the absence of a restraining order from the bankruptcy court, the suit should be permitted to proceed. Friedman v. Zweifler (1911), 74 Misc. 448, 132 N. Y. Supp. 320. ARTICLE XXV. DISCHARGE OF BANKRUPT FROM JUDGMENT. (Fiero, Spec. Pro., 3rd Ed., pp. 1106-1112.) A decree in bankruptcy proceedings should not be held to be a discharge of a judgment in one State unless it at the same time is held to be a discharge of any and all judgments of other States which are founded primarily upon the same debt or duty and which have such a relation to each other that a payment of one would result in a defense or extinguishment of the others. Hence, a judgment of this State, in an action to enforce a foreign judg ment for alimony, is not discharged by a decree in bankruptcy. Matter of Williams (1913), 208 N. Y. 32, affg., 152 App. Div. 385, 136 N. Y. Supp. 707. A judgment recovered in an action for personal injuries to the plaintiff is not a dischargeable debt in bankruptcy and a motion under section 150 of the Debtor and Creditor Law to cancel the same of record will be denied though the defendant listed said judgment in his schedules in bankruptcy. Matter of Halper (1913), 82 Misc. 205, 143 N. Y. Supp. 1005. Cancellation of a judgment will be denied where it appears from the bankrupt's schedules in bankruptcy that the claim from which he seeks to be discharged was not properly scheduled in that it stated that the residence of the claimant was "unknown" when the bankrupt had actual notice thereof. Guasti v. Miller (1911), 203 N. Y. 259, affd., 226 U. S. 170, 57 L. Ed. 173, 33 Sup. Ct. 49. A bankrupt is not entitled under section 150 of the Debtor and Creditor Law to have a judgment on a forfeited bail bond discharged of record. Matter of Weber (1914), 212 N. Y. 290. A lien of a judgment, recovered within four months before the adjudication of the debtor as a bankrupt, survives his subsequent discharge, although the debt upon which it was recovered was proven in the bankruptcy proceedings, where the trustee in bankruptcy elected not to take the property upon which the judgment was a lien and the interest of the bankrupt therein was not sold in the bankruptcy proceedings. McCarthy v. Light (1913), 155 App. Div. 36, 139 N. Y. Supp. 853. DISCHARGE OF ANCIENT MORTGAGES. DISCHARGE OF DEBTOR FROM IMPRISONMENT. DISSOLUTION OF CORPORATION (VOLUNTARY). DRUNKARD, HABITUAL, APPOINTMENT OF COMMITTEE OF. See COMMITTEE, APPOINTMENT OF, FOR LUNATICS, ETC. Art. ELECTION LAW. (Fiero, Spec. Pro., 3rd Ed., pp. 1117-1178.) I. Special proceedings under election law considered. II. Contests; judicial review. III. Nominations and certificate of nomination. IV. Registration of voters. V. Judicial investigation of ballots. VI. Mandamus to county or state board. VII. Corrupt practices. ARTICLE I. SPECIAL PROCEEDINGS UNDER ELECTION LAW CONSIDERED. (Fiero, Spec. Pro., 3rd Ed., pp. 1119-1121.) The efforts of a voter to have the law as to his rights and the rights of other voters in his district fixed and determined prior to an election is commendable and should not be frustrated by a technical or strained construction of the law governing the procedure. Matter of Markland (1911), 73 Misc. 363, 132 N. Y. Supp. 735, affd., 146 App. Div. 350, 131 N. Y. Supp. 364, which is affirmed in 203 N. Y. 158. ELECTION LAW, § 23. Judicial review of enrollment. § 24. Correction of enrollment with respect to persons not in sympathy with party. § 56. Contests; judicial review. Elec. Law, § 23. Judicial review of enrollment. If any statement in the declaration of any person, on the evidence of which his name was enrolled in the original registers for any election district by the custodian of primary records, or if any entry opposite the name of any person in such registers is false, or if any person so enrolled has died, or has removed from or no longer resides in such election district, any voter of the assembly district in which such election district is located (provided such voter is himself duly enrolled with the same political party with which the person, as to whom the application is made, was enrolled) may present proof thereof by affidavit to the supreme court, or to any justice thereof, in the judicial district, or to a county judge of the county, in which such election district is located. And thereupon such court, justice or judge shall make an order requiring the person against or as to whom the proceeding is instituted, unless he is shown to have died, as hereinafter provided, to show cause before such court, justice or judge, at time and place specified in such order, why his enrollment should not be cancelled, or, in case of his death, why it should not be stricken from the register. Such order shall be returnable on a day at least ten days before a primary election, and a copy thereof shall be served on the person against whom the proceeding is instituted and on the custodian of primary records at least forty-eight hours before the return thereof, either personally or by depositing the same in the post-office of the city in which such election district is located, in a postpaid wrapper or envelope addressed to the custodian of primary records at his office, and to such person by his name and his present address, if known, and otherwise at the address which appears in the registers for such election district. If the person as to whose name the application is made is claimed to be dead, the order to show cause hereinabove provided for shall be directed to the custodian of primary records, and service thereof need only be made upon such custodian of primary records, such service to be made in the manner heretofore in this section specified; but an order requiring the custodian of primary records to show cause why the name of a person claimed to be dead should not be stricken from the register shall not be made unless the affidavit presented to the court, justice or judge by the voter instituting the proceeding shall state that such voter has personal knowledge of the death of the person with respect to whose name the application is made and unless such affidavit is substantiated either by a certificate of the health department or by other competent evidence of such death. The custodian of primary records shall produce before the court, justice or judge, the original enrollment declaration subscribed by the person against or as to whom the proceeding is instituted. The court, justice or judge shall hear the persons interested, and if it appears by sufficient evidence that any statement in the declaration of the person against whom the proceeding is instituted, on the evidence of which he was enrolled by the custodian of primary records, or any statement opposite his name in the columns of the register relating to residence or his qualifications as an elector, is false, or that such person is dead or has removed from or no longer resides in the election district for which he is enrolled, shall order the enrollment of such person cancelled, or in case of his death, that his name be stricken from the register, except as hereinafter provided. If at such hearing the person against whom the proceeding is instituted shall produce evidence that the custodian of primary records has incorrectly copied into the register the data contained in the declaration of such person, and that if correctly copied such person 'would be entitled to be enrolled in such election district, such order, instead of requiring his enrollment cancelled, shall require the correction of the register in accordance with such evidence. In either case the order shall require the custodian of primary records to cancel the enrollment or strike such name from the register, as the case may be, or to otherwise correct such enrollment books in accordance with such order. Upon the correction of such enrollment books in accordance with such order, the custodian of primary records shall certify such correction to the chairman of the general committee of each party to whom a duplicate set of enrollment lists has been delivered in pursuance of section sixteen of this chapter. Amended by L. 1919, ch. 504. (B., C. & G. Consol. L., 2nd Ed., p. 2414.) |