In re Mayer
District Court, E.D. Wisconsin
In Bankruptcy. On proceedings before the referee in this case under Bankr. Act. 1898, § 21, Marie Mayer, wife of the bankrupt, was required to appear for examination, and was sworn as a witness, against general objections on her own behalf and on behalf of the bankrupt that she was “not a competent witness under the laws of the state of Wisconsin.”
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In Bankruptcy. On proceedings before the referee in this case under Bankr. Act. 1898, § 21, Marie Mayer, wife of the bankrupt, was required to appear for examination, and was sworn as a witness, against general objections on her own behalf and on behalf of the bankrupt that she was “not a competent witness under the laws of the state of Wisconsin.” Counsel for the trustee thereupon offered to interrogate the witness in reference to sums of money alleged to have been delivered to her by the bankrupt “within a few months prior to the filing of this petition,” purporting' to be “either in…
1Opinion of the Court
SEAMAN, District Judge.
The proceeding before the referee in which this question arises is governed by section 2L of tbe bankruptcy act, which authorizes oiilv the examination of a person “who is a competent witness under the laws of the state in which the proceedings are pending.” Unlike the act of 18(57, no express provision is made to bring in the wife of a bankrupt “to be examined as a witness” (Rev. St. § 5088), and tbe decisions under tbat act are inapplicable. The present act establishes as the sole test of competency in these proceedings the law which prevails in the state of…
2Cases cited7 opinions
- Lucas v. BrooksSupreme Court of the United States · 1873
- People v. . WoodNew York Court of Appeals · 1891
- Southwick v. . SouthwickNew York Court of Appeals · 1872
- In re FoerstDistrict Court, S.D. New York · 1899
- Carney v. GleissnerWisconsin Supreme Court · 1885
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3Cited by4 opinions
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- Stalcup v. JepsenNebraska Supreme Court · 1929
- Commercial Credit Co. v. McReynoldsCourt of Appeals for the D.C. Circuit · 1934
- In re CohnDistrict Court, D. Missouri · 1900