Bennett v. His Creditors
California Supreme Court
Appeal from the Twelfth Judicial District. The transcript in this case contains the insolvent’s petition, in which reference is made to certain schedules attached. The latter, which appear to have been the foundation of the motion to dismiss, do not appear in the transcript, nor does the motion for dismissal, which is set forth with the decision thereon, contain any statement of the grounds on which it is made.
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Appeal from the Twelfth Judicial District. The transcript in this case contains the insolvent’s petition, in which reference is made to certain schedules attached. The latter, which appear to have been the foundation of the motion to dismiss, do not appear in the transcript, nor does the motion for dismissal, which is set forth with the decision thereon, contain any statement of the grounds on which it is made. The case was submitted on briefs without objection by either party that the record was incomplete. The other facts sufficiently appear in the opinion.
1Opinion of the CourtCrocker, J.
This is an appeal from an order dismissing the proceedings in insolvency instituted by the appellant.
The appellant filed his petition in insolvency in the Court below on the fifteenth day of January, 1861, and the usual orders were made for a meeting of the creditors and for a stay of proceedings against the insolvent. Notice was duly published, an assignee was afterwards appointed by the Court, and George C. Johnson appeared and filed an opposition to the discharge upon various grounds. The insolvent filed his answer to this opposition, denying all the charges, and the issues thus presented…
2Cases cited1 opinion
- Brewster v. LudekinsCalifornia Supreme Court · 1861
3Cited by2 opinions
- Crall v. Board of Directors of Poso Irrigation DistrictCalifornia Supreme Court · 1890
- Pope v. KirchnerCalifornia Supreme Court · 1888