Edelstein v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Minnesota. On January 12, 1904, the defendant, Edelstein, and his partner, Jacob Harris, were adjudicated bankrupts by tbe Histrict Court of the District of Minnesota on the petition of certain of their creditors.
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In Error to the District Court of the United States for the District of Minnesota. On January 12, 1904, the defendant, Edelstein, and his partner, Jacob Harris, were adjudicated bankrupts by tbe Histrict Court of the District of Minnesota on the petition of certain of their creditors. Later the bankrupts filed their application for discharge, to which several of their creditors objected, and specified grounds therefor as follows: “That within four months subsequent to the first day of the four months immediately preceding the filing of the petition in bankruptcy herein, they did knowingly and…
1Opinion of the CourtAdams, Circuit Judge
Counsel for defendant urges several reasons for a reversal of the judgment: (1) Because the District Court, as a court of bankruptcy, had no jurisdiction of the proceedings in which defendant was charged to have made the false oath. (2) Because the testimony given by defendant before the referee could not be a “false oath,” within the meaning of the act (3) Because the testimony given by him afforded no ground for the prosecution, by reason of the immunity provided *638for in section 7, subd. 9, of the act. Act July 1, 1898, c. 541, 30 Stat. 548 [U. S. Comp. St. 1901, p. 3425].
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2Cases cited21 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- McCormick v. SullivantSupreme Court of the United States · 1825
- Dowell v. ApplegateSupreme Court of the United States · 1894
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3Cited by52 opinions
- United States v. BryanSupreme Court of the United States · 1950
- United States v. ApfelbaumSupreme Court of the United States · 1980
- United States v. John Anthony HousandCourt of Appeals for the Second Circuit · 1977
- In re First Nat. Bank of Belle FourcheCourt of Appeals for the Eighth Circuit · 1907
- Wechsler v. United StatesCourt of Appeals for the Second Circuit · 1907
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