Legal Opinion

In re Emigh

District Court, N.D. New York

Decided July 23, 1917PublishedCited by 6 opinions

In the matter of Mott Emigh and Martin J. Straub, individually and as copartners of the firm of Emigh & Straub, bankrupts.

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In the matter of Mott Emigh and Martin J. Straub, individually and as copartners of the firm of Emigh & Straub, bankrupts. This is a review of the rulings of Hon. Edwin A. King both as special master appointed to examine the alleged bankrupts and witnesses prior to the appointment and qualification of the trustee and as referee in bankruptcy at the first meeting of creditors duly called and held subsequent to the appointment of the trustee, at which meeting one George A. Straub was duly subpoenaed and in attendance as a witness in behalf of the trustee in bankruptcy, and by which rulings the…

1Opinion of the CourtRay, District Judge

(after stating the facts as above). The referee has certified to this court the following questions:

■‘1. Is a witness, under section 21a, entitled as matter of law to be represented by counsel upon liis examination?

‘•2. Does the fact that such witness happens also to be a creditor, or an alleged creditor, of the bankrupt, entitle him so to be represented by counsel?

"I!. Upon such examination is tlie bankrupt, or his attorney, entitled as matter of right to be present?

“4. Upon such examination is the public as such, or any particular citizen as such, entitled as matter of right to be present?”

S…

2Cases cited14 opinions

Cameron v. United StatesSupreme Court of the United States · 1914
In re FoerstDistrict Court, S.D. New York · 1899
In re Fixen & Co.District Court, S.D. California · 1899
In re WilcoxCourt of Appeals for the Second Circuit · 1900
In re Abbey PressCourt of Appeals for the Second Circuit · 1904

9 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

Baltimore Sun Co. v. Astri Investment Management & Securities Corp. (In Re Astri Investment, Management & Securities Corp.)District Court, D. Maryland · 1988
In re BogenDistrict Court, E.D. South Carolina · 1927
In Re VanceUnited States Bankruptcy Court, W.D. Virginia · 1995
In the Matter of Herbert Lee Timmerman, Jr., Bankrupt. James J. Donohue v. United StatesCourt of Appeals for the Seventh Circuit · 1962
Sears, Roebuck & Co. v. Schwab (In Re Maloney)United States Bankruptcy Court, M.D. Pennsylvania · 1997

1 more not listed; retrieve them via the Exa API.