In re Strauss
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of bankruptcy proceedings of Joseph W. Strauss. On petition of Harry M. Spence to revise an order of the District Court reversing the order of the referee denying the trustee’s application to introduce certain testimony, and allowing the claim.
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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of bankruptcy proceedings of Joseph W. Strauss. On petition of Harry M. Spence to revise an order of the District Court reversing the order of the referee denying the trustee’s application to introduce certain testimony, and allowing the claim. This cause comes here upon petition to revise an order of the District Court, Southern District of New York, sitting in bankruptcy. Upon an examination of the claim of Harry M. Spence, an alleged creditor before the referee, the…
1Per curiam
The District Judge did not pass on the merits of the application to confirm the referee’s report. He merely sent the matter back to the referee, with instructions to take testimony which had been offered and excluded, and then to pass upon the whole case. Such a direction should not be brought here for review. When the record is complete and has been passed upon by the referee and the District Judge, it may properly be brought here. It would inaugurate an intolerable practice if mere rulings as to admission or rejection of testimony were brought here in advance of a decision on the merits of…
2Cited by3 opinions
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