In re Cunney

Citations

• 225 F. 426
• 1904 U.S. Dist. LEXIS 1

Syllabus

<p>1. Bankruptcy <@=>136—Summary Proceedings to Compel Bankrupts to Turn Over Property—General Orders—Applicability.</p> <p>General Order XXXVII (89 Fed. xiv, 32 C. C. A. xiv), providing that in proceedings in equity to carry into effect the Bankruptcy Act, or to enforce rights and remedies given by it, the rules of equity practice shall be followed, applies only to equity proceedings properly so called, and not to summary proceedings in bankruptcy to compel bankrupts to turn over property to the trustees, though in summary proceedings the •court will allow the bankrupts full opportunity for hearing and defense, without being limited by technical rules of procedure in equity.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent.. Dig. §§ 233, 235; Dee. Dig. <@=»136.]</p> <p><§£5>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>2. Bankruptcy ©=>136—Summary Proceedings to Compel Bankrupts to Turn Over Property—General Orders—Applicability.</p> <p>Whore the caso of a trustee, in summary proceedings to compel bankrupts to turn over money to him, rests on the testimony of the bankrupts, the court need not, under any formal rule of equity, give credit to statements made in the sworn answer of the bankrupts rather than to their sworn testimony.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 233, 235; Doc. Dig. ©=>136.]</p> <p>3. Bankruptcy ©=>136—Summary Proceedings to Compel Bankrupts to Turn Over Property—General Orders—Applicability.</p> <p>The transcript of a bankrupt’s examination, though unsigned, but proved to be correct, is admissible in evidence in summary proceedings by the trustee to compel the bankrupt to turn over property in his possession, though the examination was unfinished, especially where the bankrupt was afforded opportunity to examine his testimony for correction of errors and to make any addition thereto.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 233, 235; Dec. Dig.