195 F. 103 | D. Conn. | 1912
Let me state my views concerning this petition for review of the referee’s order as briefly as possible, taking up the assignments of error in their order.
Eighth. The order is not contrary to the court’s opinion of January 27th. The situation then was entirely different from the situation now. The purpose of that opinion was to show the irregularity of the action then taken, which was based upon a petition filed by the trustee .asking for the production of the missing books. Assuming that the ■same path might; be again traveled, an effort was made to mark the boundaries of that path and that path only. No expression of opinion, as to a situation like the present one, can be extracted, unless it be a favorable one.
This langüage appears in that opinion:
“TMs petition and the order of the referee based thereon were not mere incidents of the bankrupts’ examination. The language of the order makes it -clear that a very different object was sought to be obtained.”
An ordinarily vigorous intellect ought to infer from those words that, if the proceedings had been “incidents of the bankrupts’ examination,” a different conclusion might have been reached.
Tenth. The referee reports that he is satisfied that it is not “physi-: cally impossible” for one or the other or both of the bankrupts to pro-: duce the missing books. ’ As I have" said in respect to the fourth assignment of error, it is not my duty to pass, at this time, upon the weight of the evidence which he says satisfies him.
Eleventh. The court, in-its opinioñ of January 27th, did not restrict
There is no error. The order of the referee was a lawful one and is affirmed.