Mackel v. Rochester
Court of Appeals for the Ninth Circuit
In Error to tlie District Court of the United States for the District of Montana. This cause is brought to this court upon the alleged error of the court below in refusing to require a witness to answer certain questions, and in directing a verdict for the defendant. It appears from the record that one Frederick A. Bartlett, residing at Butte, Mont, filed a petition in bankruptcy on February 8, 1899, and thereafter, in March, 1899, was duly adjudged a bankrupt.
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In Error to tlie District Court of the United States for the District of Montana. This cause is brought to this court upon the alleged error of the court below in refusing to require a witness to answer certain questions, and in directing a verdict for the defendant. It appears from the record that one Frederick A. Bartlett, residing at Butte, Mont, filed a petition in bankruptcy on February 8, 1899, and thereafter, in March, 1899, was duly adjudged a bankrupt. Alexander Mackel, the plaintiff in error, was elected trustee of the bankrupt’s, estate. On the 3d day of April, 1899, the trustee…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The assignments of error are 15 in number, 12 of which comprise refusals of the court to require the witness Frederick A. Iiartlett to answer certain questions, and 3 relate to the peremptory instruction to the jury to return a verdict for the defendant, and in ordering judgment accordingly. The witness Bartlett declined to answer the questions referred to, upon the ground that the answer would tend to incriminate him, and the court instructed the witness that he might so refuse to answer, and that the witness was to be the judge as to whether or not the…
2Cases cited2 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- Gildersleeve v. New Mexico Mining Co.Supreme Court of the United States · 1896
3Cited by7 opinions
- McCarthy v. ArndsteinSupreme Court of the United States · 1924
- Mackel v. RochesterDistrict Court, D. Montana · 1905
- In re NachmanDistrict Court, D. South Carolina · 1902
- In re SHERADistrict Court, S.D. New York · 1902
- In re WalshDistrict Court, D. South Dakota · 1900
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