In Re Oriel

We held in Re Plaza Shoe Co. (C. C. A.) 15 F.(2d) 278, that the summary proceeding was civil, and required no more than a preponderance of proof. Both in that case and in Re Small Shoe Co. (C. C. A.) 16 F.(2d) 205, we reserved the question whether in the contempt proceeding the same rule applied. We did not decide that question in Re Levy, 142 F. 442; in Re Stavrahn, 174 F. 330, 20 Ann. Cas. 888; in Re Weber, 200 F. 404. It was at least said in Boyd v. Glucklich, 116 F. 131, 140, 142 (C. C. A. 8), and Kirsner v. Taliaferro, 202 F. 51, 60, 61 (C. C. A. 4), that the ability of the respondent to…