United States v. Bayer
U.S. Circuit Court for the District of Minnesota
The defendants are indicted for a conspiracy to commit offences against the United States in violation of the penal section of the bankrupt act (Rev. St. §§ 5132, 5440). The indictment contains two counts.
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The defendants are indicted for a conspiracy to commit offences against the United States in violation of the penal section of the bankrupt act (Rev. St. §§ 5132, 5440). The indictment contains two counts. The first count, based upon section 5132, subd. 10, and section 5440, after alleging the adjudication of bankruptcy of one John Bayer by the district court for the district of Minnesota, June 2, 1875, and after setting forth the facts, showing the jurisdiction of that court in said matter of bankruptcy, proceeds to charge that the said John Bayer, and the defendants Kargleder and Ober,…
1Opinion of the Court
DILLOX, Circuit Judge.
The questions presented are important, and, so far as the court is advised, are new. The leading objection made by the counsel for the defendants, is that no person can be punished under the penal section of the bankrupt act (Rev. St. 5 5132), except the “person respecting whom proceedings in bankruptcy are commenced;” that this section does not extend to those who counsel, aid, and assist in the commission of the acts which that section makes criminal, when committed by “the person respecting whom bankruptcy proceedings” are pending, and, as a corollary, it is urged…
2Cases cited1 opinion
- Boggus v. StateSupreme Court of Georgia · 1866
3Cited by12 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Chadwick v. United StatesCourt of Appeals for the Sixth Circuit · 1905
- May v. United StatesCourt of Appeals for the D.C. Circuit · 1949
- State v. NahoumSupreme Court of Louisiana · 1931
- United States v. SnyderU.S. Circuit Court for the District of Minnesota · 1882
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