The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 78
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250 FEDERAL REPORTER
Being fundamental, this issue must be raised and decided first. When
the court has determined this issue against the bankrupt, and when
the bankrupt has failed to comply with the court's order to turn over,
the next proceeding is one of contempt. In the contempt proceeding,
the question of the bankrupt's possession and concealment of property
having previously been determined is not in issue. The only question
is, wh-ether the bankrupt is presently able to comply with the court's
order previously made, and, accordingly, whether he is defying its
order. The difference in the issues of the two proceedings and the
dependence of the latter upon the former compel their separate con-
sideration and determination. This is what the learned trial judge did
in this case. He first reviewed the referee's turnover order on the is-
sue of property retained and concealed by reviewing the facts on which
it was based. He found that the bankrupt did not have the diamond
stud at the date of bankruptcy, and that, in consequence, he did not
conceal it from his trustee. The judge, thereupon, reversed that part
of the referee's order directing the bankrupt to turn over the stud
(which order was before him on the referee's certificate), and affirmed
the part directing payment of a reduced sum of money (considered
on the trustee's exception of September 6).
After deciding all matters arising in the turnover proceeding, the
trial judge then turned to the contempt proceeding. Having already
found in the former proceeding that the bankrupt did not have and
therefore did not conceal the diamond stud, he, of course, had to find
in the contempt proceeding that the bankrupt was not guilty of con-
tempt for not turning over what he did not have.
The judge thereupon dismissed the contempt proceeding on payment
by the bankrupt of the small money balance found due in the first
phase of these double proceedings.
 On petition to superintend and revise, the trustee now asks this
court to reverse the action of the trial judge in both proceedings.
Obviously this court cannot review and revise an approved turnover
order made in a proceeding, where, as in this one, disputed questions
of fact were involved. An order so made cannot be reviewed by a
Circuit Court of Appeals on petition for revision in matters of law
under section 24b of the Bankruptcy Act (Comp. St. 1916, 9608).
Ross v. Stroh, 165 Fed. 628, 91 C. C. A. 616; Ellis v. Krulewitch, 141
Fed. 954, 73 C. C. A. 270; Moore Dry Goods Co. v. Brooks, 240
Fed. 943, 153 C. C. A. 629; In re Throckmorton, 149 Fed. 145, '79 C.
C. A. 15.
Nor do we find anything to revise in the contempt proceeding. Hav-
ing approved the reduction of the sum to be turned over (which was
promptly paid), and having decided that the bankrupt did not have
and therefore did nbt conceal the diamond stud, there was left no or-
der which the bankrupt could defy. Dismissal of the contempt pro-
ceeding followed necessarily.
The trustee's petition to revise is dismissed.
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/93/: accessed May 28, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.