Legal Opinion

In re Clarke

California Supreme Court

Decided July 17, 1899No. Crim. No. 536PublishedCited by 50 opinions

HABEAS' CORPUS in the Supreme Court, to review the legality of a commitment for contempt hy the Superior Court of the City and County of San Erancisco. James M. Troutt, Judge. The facts are stated in the opinion of the court.-

1Opinion of the CourtTemple, J.

The petition shows that on the second day of October, 1891, six creditors of petitioner filed a petition in the superior court asking to have him adjudged an insolvent. An order to show cause was issued, signed by the judge but not made by the court. The bond given was not sighed by the petitioning creditors. October 29th the petition was amended by adding three new creditors, and in other respects. No new bond was given after the amendment, and no new citation was issued November 7, 1891, petitioner appeared and moved to strike o' the petition on various grounds, and also demurred. The n…

2Cases cited7 opinions

  1. In re LuxCalifornia Supreme Court · 1893
  2. Franklin v. ReinerCalifornia Supreme Court · 1857
  3. In re the Estate of CookCalifornia Supreme Court · 1890
  4. Ex parte KellyCalifornia Supreme Court · 1884
  5. Marshall v. TaylorCalifornia Supreme Court · 1893

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3Cited by50 opinions

  1. Olcese v. Justice's Court of the First Judicial Twp.California Supreme Court · 1909
  2. Judson v. Superior CourtCalifornia Supreme Court · 1942
  3. Security Loan & Trust Co. v. Boston & South Riverside Fruit Co.California Supreme Court · 1899
  4. Goodwine v. Superior CourtCalifornia Supreme Court · 1965
  5. Remsberg v. Hackney Manufacturing Co.California Supreme Court · 1917

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