United States Supreme Court Cases & Opinions

U.S. Supreme Court

Oriel v. Russell, 278 U.S. 358 (1929)

Oriel v. Russell

Nos. 92 and 91

Argued November 20, 21, 1928

Decided January 14, 1929

278 U.S. 358

Syllabus

1. An order commanding a bankrupt to turn over to his trustee in bankruptcy books or property which he is charged with willfully withholding, but which he denies are within his possession or control, should be made only on clear and convincing evidence, exceeding a mere preponderance. P. 278 U. S. 362.

2. In a civil proceeding to commit a bankrupt for contempt until he shall deliver books or property to his trustee in bankruptcy as commanded by a turn-over order, the order cannot be attacked collaterally by evidence that the books or papers were not in the bankrupt's possession or control at the time when it was made. P. 278 U. S. 363.

23 F.2d 409, 413, affirmed.

Certiorari, 277 U.S. 579, to judgments of the circuit court of appeals affirming orders of the district court

Page 278 U. S. 359

committing bankrupts for contempt in failing to deliver books and property to their trustees in bankruptcy as required by orders of the court. For the opinion of the district court in the Oriel case, see 17 F.2d 800.

Page 278 U. S. 360