United States Supreme Court Cases & Opinions

U.S. Supreme Court

Dier v. Banton, 262 U.S. 147 (1923)

Dier v. Banton

No. 330

Argued April 17, 1923

Decided May 7, 1923

262 U.S. 147

Syllabus

1. One who has been adjudged an involuntary bankrupt and has complied with an order requiring him to turn over his books and papers to a receiver is not privileged by the Fourth and Fifth Amendments to prevent their production by the receiver before a grand jury in a state court upon the ground that he might thus be incriminated. P. 262 U. S. 149.

2. Books and papers in the possession of a receiver in bankruptcy appointed by a federal court cannot be taken by a subpoena issuing from a state court unless the federal court, exercising its discretion with due regard for comity, shall consent. P. 262 U. S. 151.

279 F.2d 4 affirmed.

Appeal from an order of the district court discharging a rule nisi and refusing to enjoin the production of books and papers, in the custody of its receiver in bankruptcy, before a grand jury in a state court.

Page 262 U. S. 148