In re Scott
District Court, W.D. Pennsylvania
1, Bankruptcy — Examination of Bankrupt — Privilege against Selií-Crimi-nating Evidencio. Where a person against whom indictments are pending in a state court is adjudged bankrupt on an involuntary petition, and brought before the referee in bankruptcy for examination, he cannot be compelled to answer any questions propounded on such examination, where his answers would tend to criminate him on the trial of the pending indictments. 3. Same.
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1, Bankruptcy — Examination of Bankrupt — Privilege against Selií-Crimi-nating Evidencio. Where a person against whom indictments are pending in a state court is adjudged bankrupt on an involuntary petition, and brought before the referee in bankruptcy for examination, he cannot be compelled to answer any questions propounded on such examination, where his answers would tend to criminate him on the trial of the pending indictments. 3. Same. Although Bankruptcy Act 1898, § 7, relating to the examination of a bankrupt, provides that “no testimony given by him shall be offered In evidence…
1Opinion of the Court
BUFFINGTON, District Judge.
One J. McD. Scott was committed to jail by the court of common pleas of Allegheny county on a bench warrant, proceeding based on an alleged fraudulent contracting of a debt. He was by said court also held for trial for fraudulent insolvency. Subsequent to that court assuming jurisdiction in the premises, a petition in involuntary bankruptcy was filed against him in this court, he was adjudged a bankrupt, and the cause referred to Referee Blair. On a writ of habeas corpus ad testificandum Scott was brought before the referee for examination. He declined to take the…
2Cases cited3 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Brown v. WalkerSupreme Court of the United States · 1896
- Brown v. WalkerU.S. Circuit Court for the District of Western Pennsylvania · 1895
3Cited by5 opinions
- McCarthy v. ArndsteinSupreme Court of the United States · 1924
- United States v. KimballU.S. Circuit Court for the District of Southern New York · 1902
- In re FeldsteinDistrict Court, S.D. New York · 1900
- Bankr. L. Rep. P 67,027 United States of America v. Howard CoyneCourt of Appeals for the Second Circuit · 1978
- In re BeerNorth Dakota Supreme Court · 1908