In re Tracy & Co.
District Court, S.D. New York
In the matter of the bankruptcy of Tracy & Co. Application by William W. Tracy for injunction and order to the district attorney of New York county and the trustee in bankruptcy.
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In the matter of the bankruptcy of Tracy & Co. Application by William W. Tracy for injunction and order to the district attorney of New York county and the trustee in bankruptcy. This is an application made to the bankruptcy court for an order enjoining the district attorney of New York county and his assistants from offering in evidence any books of the petitioner, an adjudicated bankrupt, before the grand jury or in any criminal cause, or from taking copies from such books, or from retaining possession of such books, directing them to turn the same back to the trustee in bankruptcy,…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). It is first apparent that no question involving the Constitution of the state of New York exists in the case. Such jurisdiction as I may have depends upon the bankruptcy act and the Constitution of the United States, *534and as such the Constitution of the state of New York cannot be involved. In this connection it is also apparent that, since Twining v. New Jersey, 211 U. S. 78, 29 Sup. Ct. 14, 53 L. Ed. 97, the provisions of the New York state Constitution in regard to self-incrimination do-not raise any question under the fourteenth amendment.
There is,…
2Cases cited15 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Brown v. WalkerSupreme Court of the United States · 1896
- Twining v. New JerseySupreme Court of the United States · 1908
- Adams v. New YorkSupreme Court of the United States · 1904
- Blum v. StateCourt of Appeals of Maryland · 1902
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3Cited by7 opinions
- Donald R. Elbel v. United StatesCourt of Appeals for the Tenth Circuit · 1966
- United States v. GillDistrict Court, D. New Mexico · 1931
- Czarlinsky v. United StatesCourt of Appeals for the Tenth Circuit · 1931
- The Continental Ins. v. The Equitable Trust Co.New York Supreme Court · 1930
- In re E. Dier & Co.District Court, S.D. New York · 1922
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