
    Case No. 4,459.
    In re EMISON.
    [2 N. B. R. 595 (Quarto, 179); 1 Chi. Leg. News, 342.]
    District Court, D. Kentucky.
    May 10, 1869.
    
      
       [Reprinted from 2 N. B. R. 595 (Quarto, 179), by permission.]
    
   BALLARD, District Judge.

I concur with the register. If the creditor wishes to withdraw the instrument proven, he may do so in pursuance to the provisions of the twenty-fourth section of the bankrupt act [of 1S67 (14 Stat 528)], but the proof cannot be withdrawn at all. Doubtless it may be waived, but it cannot be withdrawn.  