Carter v. Kubler, 320 U.S. 243 (1943)

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Carter v. Kubler


No. 18


Argued October 13, 1943
Decided November 8, 1943
320 U.S. 243

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

The conciliation commissioner, making a reappraisal of the debtor’s property pursuant to § 75(s)(3) of the Bankruptcy Act, erred in basing the valuation partly on evidence obtained by his personal investigation without the knowledge or consent of the parties; but, in the circumstances of this case, the error was cured upon review in the District Court, which reexamined all the competent evidence introduced at the hearing before the commissioner and thereupon modified the latter’s valuation. P. 246.

131 F.2d 222 affirmed.

Certiorari, 318 U.S. 753, to review the affirmance, upon appeal by the debtor, of a judgment modifying an order of a conciliation commissioner.