Essgee Co. v. Hanclaire Trading Corp., 262 U.S. 151 (1923)

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Essgee Company of China v. Hanclaire Trading Corporation

Nos. 706 and 707

Submitted April 25, 1923
Decided May 7, 1923
262 U.S. 151

ERROR TO AND APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. Review of orders of the district court in special proceedings in which no jury can intervene is by appeal, and not by writ of error. P. 152.

2. In view of provisions of the Act of September 6, 1916, rendering mistakes in proceeding by writ of error instead of appeal, or vice versa, immaterial from the standpoint of jurisdiction, the practice of adopting both methods through abundant caution is discouraged. Id.

3. A corporation is not protected by the Fourth and Fifth Amendments from producing its books and records before a federal grand jury engaged in investigating its conduct in relation to the federal criminal laws. P. 155.

4. The lawful effect of a subpoena duces tecum addressed to a corporation is not disturbed by failure to put its officers who produce the papers on the stand. P. 157.

5. A claim of irregularity in not calling such officers before the grand jury held to have been waived by their conduct. Id.

6. An officer of a corporation having custody of its books and paper cannot object to producing them upon the ground that they may disclose his own guilt. P. 158.

Affirmed.

Review of orders of the district court denying petitions for the return of books and papers produced under a subpoena duces tecum.