In re Leachman
In re Leachman
Opinion of the Court
In this case the bankrupt had submitted to an examination before the register by a creditor. The counsel of the bankrupt claimed the right to cross-examine him, and was proceeding to do so, when the counsel for the creditor objected, insisting that the bankrupt cann> examine himself, and that he may only “coi-, rect any statement made during the course of his examination” in the manner prescribed in'general order No. 34. The register has certified the question thus raised for decision here. 1 have already decided, in Re Dean [Case No. 3,699]. bankrupt, that the "examination” of the bankrupt is a “deposition” within the meaning of the bankrupt act [of 1867 (14 Stat. 517)]. Section 26 prescribes bow his attendance before the register may be procured; the matters in respect to which he may be examined; that the examination shall be in writing, and how it shall be disposed of. It then provides that in a like manner the attendance of any other person as a witness may be required. Form No. 46 is the caption of the examination, whether of the bankrupt or of the witness. General order No. 10 provides how the examination of witnesses is to be conducted; and if it does not prescribe the mode of conducting
Reference
- Full Case Name
- In re LEACHMAN
- Status
- Published