In re Lacov
Court of Appeals for the Second Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy.
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Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy. This cause comes here upon petition by the alleged bankrupt to review an order of the District Judge, Southern District of New York, which provided that the “issues of law and fact raised by the answer to the involuntary petition herein be, and the same hereby are, referred to E. F. Smith, Esq., as special commissioner to take testimony therein, and report this, with his opinion, to this court.”
1Per curiam
This is a proceeding in involuntary bankruptcy instituted by three petitioning creditors, alleging four different acts of bankruptcy. Answer was interposed, and, the cause coming on for trial before the District Judge, the alleged bankrupt made application that the issue be tried by the judge without the intervention of a jury, as prescribed by section 18, subd. “d,” of the bankrupt law (Act July 1, 1898, c. 541, 30 Stat. 551 [U. S. Comp. St. 1901, p. 3429]). Said application was denied, and the order now under review was entered.
In criticism of the order it is contended that the section…
2Cited by5 opinions
- Berl v. CrutcherCourt of Appeals for the Fifth Circuit · 1932
- United States v. WardCourt of Appeals for the Eighth Circuit · 1919
- King v. Bank of WhitingCourt of Appeals for the Seventh Circuit · 1910
- In re C. W. Bartleson Co.District Court, S.D. Florida · 1917
- Berl v. CrutcherCourt of Appeals for the Fifth Circuit · 1932