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This entry was published on 2014-09-22
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SECTION 69
Opposing creditor to file specifications, and may demand jury trial
Debtor & Creditor (DCD) CHAPTER 12, ARTICLE 3
§ 69. Opposing creditor to file specifications, and may demand jury
trial. In order to entitle a creditor to oppose the discharge of the
insolvent, he must, on the day fixed to show cause, or at such other
time as the court may direct, file with the clerk a specification of his
objections; and he may then, but not afterwards, demand a trial, by a
jury, of the questions of fact arising thereupon. If a trial by a jury
is not then demanded, the questions of fact must be tried by the court,
without a jury. Where one of two or more opposing creditors demands a
trial by a jury, all the material questions of fact, arising upon the
objections of all the creditors, must be tried in like manner, and at
the same time.