Dean v. Grimes
California Supreme Court
Appeal from a judgment of the Superior Court of Merced County, and from an order refusing a new trial. The plaintiff attacked the discharge in insolvency pleaded by the defendants on the grounds,—1. That the notice calling upon the creditors of the insolvent to appear on a specified day was not published for the time required by law; 2. That he had failed to include in the schedule certain property belonging to him, and that the property included therein was not estimated at…
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Appeal from a judgment of the Superior Court of Merced County, and from an order refusing a new trial. The plaintiff attacked the discharge in insolvency pleaded by the defendants on the grounds,—1. That the notice calling upon the creditors of the insolvent to appear on a specified day was not published for the time required by law; 2. That he had failed to include in the schedule certain property belonging to him, and that the property included therein was not estimated at its actual cash value; and 3. That within two months before filing his petition, and while in contemplation of…
1Opinion of the CourtMcKinstry, J.
The action was brought on a promissory note, the defense being a discharge under the *445Insolvency Act of 1852. It is urged by plaintiff (respondent) that the County Court never acquired jurisdiction of the estate of the defendant, alleged insolvent, because there was no sufficient publication of a notice for the appearance of his creditors. By an amendment of the Insolvent Act of 1852, the county judge, on the filing of the insolvent’s petition, was required to order the clerk to issue notice calling the creditors to appear on a specified day, not less than thirty days from the first…
2Cases cited3 opinions
- Tevis v. HicksCalifornia Supreme Court · 1871
- Wilson v. His CreditorsCalifornia Supreme Court · 1880
- Dean v. BakerCalifornia Supreme Court · 1883
3Cited by7 opinions
- Bank of Lemoore v. FulghamCalifornia Supreme Court · 1907
- Hannah v. GreenCalifornia Supreme Court · 1904
- Petition of Los Angeles Trust Co.California Supreme Court · 1910
- In re Dyer v. BradleyCalifornia Supreme Court · 1891
- Greenwood v. HassettCalifornia Supreme Court · 1900
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