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Oriel v. Russell, 278 U.S. 358 (1929)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Oriel v. Russell, 278 U.S. 358 (1929)
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Oriel v. Russell Nos. 92 and 91 Argued November 20, 21, 1928 Decided January 14, 1929 278 U.S. 358
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
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. 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. 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 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.
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Chicago: U.S. Supreme Court, "Syllabus," Oriel v. Russell, 278 U.S. 358 (1929) in 278 U.S. 358 278 U.S. 359–278 U.S. 360. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=C6IBMNM4MM2HXJK.
MLA: U.S. Supreme Court. "Syllabus." Oriel v. Russell, 278 U.S. 358 (1929), in 278 U.S. 358, pp. 278 U.S. 359–278 U.S. 360. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=C6IBMNM4MM2HXJK.
Harvard: U.S. Supreme Court, 'Syllabus' in Oriel v. Russell, 278 U.S. 358 (1929). cited in 1929, 278 U.S. 358, pp.278 U.S. 359–278 U.S. 360. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=C6IBMNM4MM2HXJK.
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