Pope v. Kirchner
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
The Court.
Action upon a promissory note; defense, a discharge in insolvency. The points made relate to the validity of such discharge.
1. It is contended that the requisite notice of the adjudication of insolvency was not given. The statute provides that a copy of the order must be published, and in addition that it shall be served either personally or by mail. (See section 7 of the Insolvency Act.) The appellant objects to the publication, and also to the service.
The objection to the publication is as follows: The order which was published is in these words:—
“In the matter of Herman Kirchner,…
2Cases cited1 opinion
- Mogk v. PetersonCalifornia Supreme Court · 1888
3Cited by5 opinions
- Macomber v. KinneySupreme Court of Minnesota · 1910
- Fairbanks, Morse & Co. v. GetchellCalifornia Court of Appeal · 1910
- First National Bank v. Clifton Armory Co.Arizona Supreme Court · 1912
- A. P. Hotaling & Co. v. BroganCalifornia Court of Appeal · 1910
- Dodge v. FreeCalifornia Court of Appeal · 1973