In re Robinson

Citations

• 179 F. 724
• 1910 U.S. Dist. LEXIS 292

Syllabus

<p>A. Bankruptcy (§ 413*) — Examination of Nonresident.</p> <p>Bankr. Act July 1, 1898, c. 541, § 21a, 30 Stat. 552 (U. S. Comp. St. 1901, p. 3430), provides that a court of bankruptcy may on application require any designated person, who is a competent witness under the laws of the state in which the proceedings are pending, to appear in court or before a referee or judge of any state court to be examined concerning the acts, conduct, or property of a bankrupt whose estate is in process of administration under the act. Held that, where it was sought to examine a resident of another state in support of creditors’ specifications •of objection to a bankrupt’s discharge, application for an order requiring the witness to appear before a referee in bankruptcy and submit to •examination should be made to the federal District Court of the district ••wherein the witness resided.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 413.*]</p> <p>2. ¡Bankruptcy (§ 244*) — Witnesses—Examination—Depositions.</p> <p>Where evidence of a nonresident is desired in support of creditors’ •specifications of objections in resistence to a bankrupt’s discharge, hi3 • deposition may be taken according to the laws of the United States un•der Bankr. Act, July 1, 1898, c. 541, § 21b, 30 Stat. 552 (U. S. Comp. St IS'01, p. 3430),'providing that the right to take depositions in proceedings under the act shall be determined and enjoyed according to the ¡United States laws, then in force or thereafter enacted, relating to the taking of depositions, except as thereafter provided.</p> <p>[Ed. Note. — For other caaes, see Bankruptcy, Dee. Dig. § 244.*]</p>