In re Kessler

Citations

• 225 F. 394
• 1915 U.S. Dist. LEXIS 1269

Syllabus

<p>Courts ©=>376—Practice in Federal Court—State Law—Examination or • Bankrupt’s Wire,.</p> <p>Bankr. Act July 1, 1898, c. 541, 30 Stat. 544, § 21a, as amended in 1903 (Act Feb. 5, 1903, c. 487, § 7, 32 Stat. 798 [Comp. St. 1913, § 9605]), declares_ that a court of bankruptcy may by order require a bankrupt and bis wife to appear in court or before a referee to be examined concerning tbe a.cts, conduct, or property of tbe bankrupt, but that tbe wife may be examined only touching business transacted by her or to which she is a party. Act June 29, 1906, c. 3608, 34 Stat. 618, amending Rev. St. § 858 (Comp. St. 1913, § 1464), declares that the competency of a witness to testify in any civil action shall be determined by the laws of the state or territory in which court is held. Act Pa. May 23, 1887, § 5 (P. L. 159), declares that neither husband nor wife shall be competent to testify against each other, except in proceedings for divorce. Eeld that, in a proceeding in bankruptcy in the state of Pennsylvania, the bankrupt’s wife could not be examined.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. § 984; Dec. Dig. ©=376.]</p> <p><§E5>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>