Legal Opinion

In re Eskay

District Court, D. New Jersey

Decided April 8, 1941PublishedCited by 1 opinion

1Opinion of the Court

WALKER, District Judge.

Henry H. Eskay appeared before the Referee in the Matter of Winton Shirt Corporation, bankrupt.1 After taking the oath he refused to be examined according to law.2 This is the charge and when it was brought to the attention of the court by certificate3, counsel was appointed to prosecute said alleged contempt for and on behalf of the court.4

The first inquiry is whether the contempt, if any, is civil or criminal. Edward E. Bessette v. W. B. Conkey Co.,5 tells us: Contempts are neither wholly civil nor altogether criminal, and “it may not always be easy to classify a…

2Cases cited25 opinions

Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
Clark v. United StatesSupreme Court of the United States · 1933
Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
Ex Parte HudgingsSupreme Court of the United States · 1919
In re SchulmanCourt of Appeals for the Second Circuit · 1910

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

3Cited by1 opinion

In Re EskayCourt of Appeals for the Third Circuit · 1941