Mr. Henry Randall Webb for appellants.

Mr. John T. Deweese for appellee.

Mr. Justice Gray delivered the opinion of the court:

This was an appeal from an order of the supreme court of the District of Columbia sitting in bankuptcy, granting a discharge to Robert W. Shufeldt.

Shufeldt had been adjudged a bankrupt April 5, 1899, on his petition alleging that he was indebted to the amount of $4,538.33, and had no assets which were not exempt under the bankrupt act of 1898. The debts from which he sought release were as follows:

Secured debt to Washington National Banking and Loan Association $3200 00 Unsecured debts as follows: Florence Audubon $800 00 William H. Smith 150 00 Lewis J. Yeager 150 00 Sundry small debts 238 33 1338 33 $4538 33

Shufeldt was and had been for several years before filing his petition in bankruptcy, a surgeon with the rank of captain in the United States army, on the retired list, and was in receipt of a salary of $175 a month, his pay as such retired officer. [181 U.S. 575, 576] The debt of $3,200 was the debt of himself and his wife,