Page:Federal Reporter, 1st Series, Volume 6.djvu/881

 IN EE HYDB, 869 �■business, sells at retail tobaceo taken by him from a wooden package duly put up and stamped, whether taken at or bef ore the sale, does not violate this section. Verdict set aside and a new trial grauted. ���In re Hydb, Bankrupt.* �In re King, Bankrupt. �(District Court, 8. D. New Torh. Februaiy, 1881.) �1. Bankhuit Law OB' 1841— KcLE 30— ADJoUKNisa Question to thb Circuit Couut. �The provision of the bankrupt law of 1841, that " the district judge may adjourn any point or question arising in any case in bankraptcy into the circuit court for the district, in his discretion, to be there heard and detemiined," (5 St. 445,) does not preclude the district judge from exercising that discretion, even though the question has heen submitted and he has given an opinion thereon, no final order or decree having been entered. The opinion is subject to revision and correction until the oider or decree has been entered. �This interpretation accords with the thirtieth rule in banltruptcy, (Act of 1841). �The importance of the question is a Bufflcient reason for adjourn- ing it to the circuit court, even though the point is upt deemed doubtful by the district judge. �(For opinion of the court referred to see 3 Fed. Bbp. 839.) �G. F. Betts, for respondent. �W. A. Butler, for petitioner. �Choate, D. J. The court, having heard these cases and delivered an opinion therein on ail the points and questions submitted in September last, (see 3 Fed. Bbp. 839,) the re- spondent, Chapman, now moves the court that certain ques- tions arising therein be adjourned into the circuit court. There has been great delay in making the application. The entry of the final orders to carry into effeot the opinion of the court has been postponed, on the application of the respond- �*See anf£, 587, for opinion of Judge Blatchford upon adjournment of the question to the circuit court. The publication of the present opinion aas been delayed by the illness of Judge Choate. ��� �