267 F. 557 | 8th Cir. | 1920
This is an appeal from an order adjudging appellant a bankrupt guilty of contempt in failing and refusing to pay over to the appellee as trustee in bankruptcy the sum of $6,000, in compliance with an order of the referee in bankruptcy finding such amount of money to have been concealed by said bankrupt from said trustee, and further adjudging that appellant be committed to jail until such time as he should purge himself of such contempt by paying to the trustee such sum of $6,000. Briefly stated the errors assigned by appellant for a reversal of the judgment below are two in number: (1) The evidence before the court at the hearing which resulted in the order complained of does not show by positive and convincing proof, and beyond all reasonable doubt that the bankrupt actually had the physical possession of said sum of $6,000 and the ability to pay it over to the trustee. (2) That the court erred in sustaining the objection made by the trustee’s counsel to a question propounded to the bankrupt. These two assignments of error present questions of law only.
The question as to the sufficiency of the evidence to justify the order appealed from is the same as the question which arises on the assignment of error that the trial court erred in refusing to direct a verdict, and the error assigned as to the sustaining of the objection h> the question asked the bankrupt of course presents a question of law. In this condition of the record, counsel for appellee insists that the ap-
Appeal dismissed for want of jurisdiction.