Legal Opinion

In re Harr

District Court, E.D. Missouri

Decided February 10, 1906No. 96PublishedCited by 15 opinions

In Bankruptcy. To the petition of the bankrupt for a discharge objections were filed by certain creditors, which were referred to a special master to hear and take testimony and to report his findings of fact and conclusions of law. At the same time the claim of Wood Bros., one of the objecting creditors, was referred to. the same special master to be determined whether it should be allowed against the estate.

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In Bankruptcy. To the petition of the bankrupt for a discharge objections were filed by certain creditors, which were referred to a special master to hear and take testimony and to report his findings of fact and conclusions of law. At the same time the claim of Wood Bros., one of the objecting creditors, was referred to. the same special master to be determined whether it should be allowed against the estate. The questions raised by the specifications of objections are as follows: (1) That said bankrupt has committed an offense punishable by imprisonment, in that he knowingly and…

1Opinion of the Court

TRIEBER, District Judge1

(after stating the facts). The findings of facts by a special master who attended the examination of the witnesses, thus giving him an opportunity of seeing them testify, while not as conclusive as the finding of facts by a jury or a trial judge sitting as a jury, are very persuasive, and if there is substantial testimony to sustain his findings uninfluenced by any mistaken conclusions of law they will not be disturbed by the court hearing the cause on a transcript of the evidence without opportunities to see the witnesses, and thus to judge of their credibility in the…

2Cases cited3 opinions

  1. In re LeveyDistrict Court, N.D. New York · 1904
  2. In re FriceDistrict Court, S.D. Iowa · 1899
  3. In re AllendorfDistrict Court, N.D. Iowa · 1904

3Cited by15 opinions

  1. Talcott v. FriendCourt of Appeals for the Seventh Circuit · 1909
  2. Sjobeck v. LeachSupreme Court of Minnesota · 1942
  3. In re MillerDistrict Court, N.D. Iowa · 1912
  4. In re ShafferDistrict Court, N.D. West Virginia · 1909
  5. In re CollinsDistrict Court, E.D. Arkansas · 1907

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