The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-12-22
CIRCUIT COURT
/. COMP ETES WORK
for Session After I'm
portant Decision on Procedure
in Bankruptcy Appeals.
HAMPTON MERCHANT LOSES
Opinion by Judge Golf Sustains
District Court at Norfolk
in Kirsner Case.


yesterday the United States Circuit
Court IF Appeals clears up clouded
legal point regarding the right Of
appeal in bankruptcy cases Incident
ally 10 sustains the order of the Dis
trict Court OF Norfolk calling upon
Isaac Kirsner. petitioner in volun-
tary bankruptcy. 10 produce certain
alleged concealed assets o. their
equivalent in cash, as fixed by the
court.
From the records II appears that
Isaac Kirsner, who operated stores
in Hampton and Newport News. was
adjudged bankrupt on December 81
1911, and the following trustees APP
pointed: W c. l.. TaIiaferrO. c. Yer
non Spratley and Allan ID. Jones. On
February %. 1912. the trustees filed
with the referee a petition alleging
that the bankrupt still retained In his
possession property which should have
been turned over to them. On March
Kirsner filed an answer denying the
charge.
The referee in bankruptcy on May
2 found that there had been traced TO
Kirsner goods amounting 10 si6654'
for which the latter had made no ac-
counting, and ordered the bankrupt
to return these goods or a $4,000 cash
equivalent before July II. He failed
to make such a return and was COM
mitted to jail in civil contempt Of
court and later released on bond.
Right of Appeal Denied
Kirsner appealed to the United states
Circuit Court OF Appeals. Uncertainty
as to the proper procedure caused his
attorneys TO file AT the same time with
the appeal a petition for the revision
Of the order of the lower court.
After reviewing at length the evil
dence in the case and the authorities
bearing upon II. Judge Nathan Gon.
in his opinion yesterday. ruled tina,
an appeal was inadmissible. The petit
ton for a revision OF the lower court
order. he thought. was the proper pro-
cedure, but in this case he found the
petition unsustained by the evidence
and pronounced the order of the trial
Judge to be without error. Laying
down the general rule bearing upoS
cases Of this kind. the court says:
We are therefore of the opinion, as
that an order of the court of bank
ruptcy ordering the bankrupt to turn
over to his trustees property of TIN
estate. and committing him to prison
until he does so. is an order made in a
proceeding in bankruptcy and may be
! brought before the Circuit Court OF
| Appeals by a petition 10 superintend
and revise"
In affirming the order IF the lower
court in the Kirsner case. Judge Golf,
while stating that he finds no error and
that the opinion of the trial judge
IS splendid one, recommends that
1t viii be well for the judge again to
give thought to that which he has
already considered. in order that hs
may fee sure that NJ mistake is being
made
AdjOurns Session.
With opinions in the case just cited
and a number of others. the Circuit
Court Of Appeals late yesterday after
noon adjoured for the session. l.
convened on November 81. Unles.
something should arise eating for an
extraordinary session. the court viii
convene again in Richmond the first
Tuesday in February. 1913.
Before adjourning the court entered
an order designating the following
judges as members Of the court for
the February term: Henry 9. Mellow
ell, Lynchburg; Aston q. Dayton. Phil
ippi, w. Va. John {. Rose Baltimore.
and Henry A u. Smith. Charleston,
: g.
Other Opinions.
Court convened for the final day OF
the present session at 1880 o'clock
yesterday morning with Circuit Judges
Goff and Pritchard. and District Judges
Waddill and Rose. in attendance. IT
addition 10 the decision in the KRIS
ner case. the following opinions were
announced and handed down:
No. 1902. United States. plaintiff In
error, VS.. Hiawsssee Lumber Company
defendant in error: in error to the Dis
trict Court at Asheville. y. G. opinion
by Judge Pritckard. Affirmed
No. IlI9. George n. Leonard & COM
rany. for use Of Marden, Orth & Hast
ings. plaintiffs in error. Is. John T.
Roller. trading as the Excelsior OAK
Extract Company. defendant in error
in error to the District Court at Har-
risOnbCrg. Va. Opinion by Judg.
Rose. Reversed. and remanded foI
new trial
No. l12s. Adoiph Arons. appellant
" Charles j. FauincT. Jr. trustee IL
enkruptcy OF u kaplon. tradi ing as
81 Ksplon * Company. bankrupt. APP
reilce. appeal from the District Court
al Richmond Per curiam opinion. AZ
drmed. with costs.
Court entered an order restoring the
following cases to the docket for re-
argument. No. 110e. II. &. Boyce
BETTY BOyce. 81 al. appellants "
southern National Bank OF Whining
ton. y. g. .; al. sppeIlecS. aiical from
the District Court at Charleston. = O.
Cause restored to docket for rcarsu-
mcnt TO be had at the February term
1878
Court also made an order granting
q limited rchcaring Ga the foii0wins
case. No. 1i0s. Emma Jane kirkpat-
rick. appellant. vs. Harriet Eiizabe th
Mcbride. appellee. appeal from the
District Court az Whceilng. W Va
Petition ~ appellant for a rehearing
granted in 50 far as 10 relates 90 the
personal property involved in this con-
trovcrsy.