Davenport v. His Creditors
California Supreme Court
Appeal by Isaac S. Van Winkle, an opposing creditor, from an order dismissing bis opposition to the discharge of the plaintiff, and also from the order of final discharge of the insolvent. ' Halsey, J. Proceeding in insolvency. The judgment against the insolvent referred to in the opinion was recovered after the commencement of the insolvency proceedings. The other facts are stated in the opinion of the Court.
1Opinion of the Court
Ross, J.:
More care on the part of counsel in regard to references made in briefs would save the Court much time and labor. In this case, the counsel for both sides refer to the Insolvency Act of 1876, as the one under which the proceedings were had, and, by number, to sections not found in that Act at all. The Act of 1876 has nothing to do with the case. The proceedings were had under the Act of May 4,1852. Davenport filed in one of the late County Courts a petition praying to be adjudged an insolvent. Accompanying the petition was a schedule, in which Van Winkle was named as one of his…
2Cited by1 opinion
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