Kohlman v. Wright
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The plaintiffs filed their bill for an injunction upon the defendant, Sheriff of Nevada County, enjoining him from proceeding to make a levy under an execution issued out of the Twelfth District Court, under a judgment entered against plaintiffs and in favor of Leopold King.
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The plaintiffs filed their bill for an injunction upon the defendant, Sheriff of Nevada County, enjoining him from proceeding to make a levy under an execution issued out of the Twelfth District Court, under a judgment entered against plaintiffs and in favor of Leopold King. The bill sets forth that, being in embarrassed circumstances, the plaintiffs, in February, 1855, applied for the petition for a discharge under the insolvent law, in the District Court of the district in which they resided; that…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Chief Justice Murray concurred.
An application for a discharge in bankruptcy, is a special proceeding in the nature of an action, in which the applicant is plaintiff, and his creditors defendants. They may appear and contest his application, and if aggrieved by the judgment, may appeal within twelve months. (Prac. Act, § 336.) If not reversed on appeal, the .judgment of the Court is conclusive as between the parties. In this cause it appears that notice was duly given to the creditors, including defendant. The petition, schedule…
2Cited by2 opinions
- Friedlander v. LoucksCalifornia Supreme Court · 1867
- Donaldson v. NevilleCalifornia Supreme Court · 1864