In re Home Discount Co.
District Court, N.D. Alabama
In Bankruptcy. On March 2, 1900, Referee Birch, at Birmingham, certified that Mrs. J. Huff, the manager of the Home Discount Company, a money broker, stood in contempt for refusing to obey an order made by the referee on February ' 15, 1906, directing her to withdraw an assignment of the wages of one A. J. Rose, a bankrupt, adjudged on the 13th of February, 1900, which she filed the next day after hearing of the adjudication, with his employer, the Alabama Great Southern…
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In Bankruptcy. On March 2, 1900, Referee Birch, at Birmingham, certified that Mrs. J. Huff, the manager of the Home Discount Company, a money broker, stood in contempt for refusing to obey an order made by the referee on February ' 15, 1906, directing her to withdraw an assignment of the wages of one A. J. Rose, a bankrupt, adjudged on the 13th of February, 1900, which she filed the next day after hearing of the adjudication, with his employer, the Alabama Great Southern Railroad Company. The certificate stated, among-other things, “that the assignment was served on his present employer for…
1Opinion of the Court
JONES, District Judge.
A party to an order made by the referee after hearing on the merits cannot have a review of it, under section 38 of the bankruptcy statute (Act July 1, 1898, c. 541, 50 Stat. 555 [U. S. Comp. St. 1901, p. 3435]), unless he pursues the mode prescribed by General Orders No. 27, 89 Eed. xi, 32 C. C. A. xxvii. He cannot ignore the order until the referee, under section 41 (30 Stat. 556 *544[U. S. Comp. St. 1901, p. 3437]), certifies his disobedience to the judge, and then bring forward again, in his defense, matter contested before the referee prior to the making of the order,…
2Cases cited26 opinions
- Holden v. HardySupreme Court of the United States · 1898
- Mueller v. NugentSupreme Court of the United States · 1902
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
- Agnew v. United StatesSupreme Court of the United States · 1897
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