In re Ramazzina
California Supreme Court
Appeal from an order of the Superior Court of Santa Barbara County adjudging the insolvency of Ramazzina Brothers, copartners. W. B. Cope, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
This is an appeal by a creditor from an order of the superior court adjudicating the above-named parties insolvent debtors. It is claimed that the court had no jurisdiction to make the order, by reason of fatal defects appearing upon the face of the petition.
It is first insisted that the petition does not show that petitioners are partners, but we think that fact sufficiently appears when the entire petition is considered. While a direct allegation to that effect would have been good pleading, yet its absence is not jurisdictional, if the fact fairly appears taking the petition as a whole.…
2Cases cited2 opinions
- Washburn v. HuntingtonCalifornia Supreme Court · 1889
- Sacry v. LobreeCalifornia Supreme Court · 1890
3Cited by5 opinions
- Dixon Lumber Co. v. PeacockCalifornia Supreme Court · 1933
- State ex rel. City of Tacoma v. Sunset Telephone & Telegraph Co.Washington Supreme Court · 1915
- Southwick v. MooreCalifornia Court of Appeal · 1923
- Feldmeier v. Mortgage Securities, Inc.California Court of Appeal · 1939
- In re ChopeCalifornia Supreme Court · 1896