Legal Opinion

In re Stavrahn

Court of Appeals for the Second Circuit

Decided November 9, 1909No. 42PublishedCited by 29 opinions

Petition to Review Order of the District Court of the United States for the Southern District of New York. In the matter of Bernard Stavrahn, bankrupt. On petition to review order of District Court.

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Petition to Review Order of the District Court of the United States for the Southern District of New York. In the matter of Bernard Stavrahn, bankrupt. On petition to review order of District Court. This cause comes here upon a petition to revise an order which adjudged the bankrupt to be in contempt of that court, ordered him to pay within five days to the trustee in bankruptcy the sum of $5,000, and in case of his..failure so to do directed that he should forthwith be committed to jail for'a period -of six months.

1Opinion of the Court

LACOMBE, Circuit Judge.

In the petition it is alleged that the ■District Judge refused to read or consider two affidavits which the *331bankrupt submitted in opposition to tlie motion to punish him for contempt. The record does not support any such contention. The order, on the contrary, recites the “reading and filing” of the “affidavits of H. T. Galpin and Bernard Stavrahn, each verified the 5th day of February, 1909, submitted in opposition to said motion.”

The proceedings in this case, as disclosed by the record, were as follows: Upon a voluntary petition Stavrahn was adjudged a bankrupt on…

2Cases cited4 opinions

  1. Samel v. DoddCourt of Appeals for the Fifth Circuit · 1906
  2. First Nat. Bank v. ColeCourt of Appeals for the First Circuit · 1906
  3. First Nat. Bank of Biddeford v. ColeCourt of Appeals for the First Circuit · 1907
  4. Chess v. GrantCourt of Appeals for the Fourth Circuit · 1908

3Cited by29 opinions

  1. Cooper v. DasherSupreme Court of the United States · 1933
  2. Kirsner v. TaliaferroCourt of Appeals for the Fourth Circuit · 1912
  3. In Re H. Magen Co.Court of Appeals for the Second Circuit · 1925
  4. In re Weber Co.Court of Appeals for the Second Circuit · 1912
  5. Danish v. SofranskiCourt of Appeals for the Second Circuit · 1937

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