REFERENCE TABLE

OF SUCH CASES

DECIDED IN U. S. SUPREME COURT,

OCTOBER TERM, 1901,

THE DECISIONS

OF THE

Supreme Court of the United States

AT

OCTOBER TERM, 1901.

[1] ARTHUR E. MUELLER, Trustee in Bankruptcy of Edward B. Nugent, Bankrupt, Petitioner,

บ.

WILLIAM T. NUGENT.

(See S. C. Reporter's ed. 1-18.)

Bankruptcy amendment of response to order to show cause-power of referee-validity of order of commitment-imprisonment for debt-jurisdiction of bankruptcy court to compel surrender of property.

1.

2.

An application to amend a response to an
order to show cause why respondent should
not be required to pay over to a trustee in
bankruptcy money belonging to the bank-
rupt's estate, in which he had denied jurisdic-
tion on the ground that he had not received
the money after the petition in bankruptcy
was filed, by asserting that whatever money
belonging to the bankrupt came to his hands
was held adversely to the bankrupt, may, in
the discretion of the district court, to which
the question of the validity of the referee's
order directing the payment of such money
had been certified at the respondent's re-
quest, be denied as too late, where first made
after the decision. by such court had been

announced and a written opinion filed, and
judgment was about to be entered.

Argued and Submitted November 13, 1901.
Decided January 20, 1902.

WRIT of Certiorari to the United

Circuit Appeals for

Sixth Circuit to review a decree which reversed a decree of the District Court for the District of Kentucky directing the impris onment of a person for violation of an order in bankruptcy proceedings. Reversed. See same case below, 44 C. C. A. 620, 105 Fed. 581.

Statement by Mr. Chief Justice Fuller:

Edward B. Nugent was adjudicated a bankrupt March 23, 1900, on the petition of the Wayne Knitting Mills and others, his A referee in bankruptcy has power in the creditors, filed in the district court of the first instance to enter an order to show cause United States for the district of Kentucky, why a person should not be required to pay over to the trustee in bankruptcy money in February 19, 1900, and the matter was rehis hands belonging to the bankrupt's estate, ferred to a referee. Arthur E. Mueller was and, upon the hearing, to enter an order di-appointed trustee of the bankrupt's estate, recting the payment of such money by a cer

tain date.

3. An order of commitment of a bankruptcy court, directing that a person be imprisoned urtil he complies with an order made in a proceeding in equity under the bankrupt act, is not invalid because it does not run in the

name of the United States.

4. A person is not imprisoned for debt by an order of the bankruptcy court directing his 184 U. S. U. S., Book 46.

and on the 7th of April he obtained an order
from the referee requiring the bankrupt to
*show cause why he should not pay over the[2]
sum of $14.233.45, made up of two items of
$4,133.45 and $10,100. The response of the
bankrupt was held insufficient; he was or-
dered to pay over; on failure to do so, was
adjudged guilty of contempt, and the matter
was reported to the court by the referee,

26

405