Legal Opinion

In re Comstock

District Court, D. Oregon

Decided November 16, 1875PublishedCited by 2 opinions

Certificate from register stating question for the opinion of the judge. [The bank, on January 30th, proved a debt ■against the estate, to which the assignee filed objections. The bank moved to strike out the objections, for want of jurisdiction, .and the motion was denied. Case No. 3,077. Subsequently, another motion was made to strike out objections of the assignee to the proof, and the motion was likewise denied, and the objection sustained. Case No. 3,-078.] ■

1Opinion of the Court

DEADY, District Judge.

On the application of the assignee, W. W. Francis was summoned before the register to be examined in the above-entitled matter. Upon the appearance of Francis before the register, he was accompanied by an attorney of this court, who offered and desired to appear as attorney for the witness and also for the bank of British Columbia, a claimant against the estate of Comstock & Co.

Counsel for the assignee objected to the appearance of counsel for the witness or the bank, on the ground that neither the witness nor the bank is a “party” to the proceeding, although it was…

2Cited by2 opinions

  1. In re EmighDistrict Court, N.D. New York · 1917
  2. In re HowardDistrict Court, N.D. California · 1899

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