In re Smith
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco granting an insolvent debtor a final discharge from his debts. Proceeding in voluntary insolvency. The appeal was taken by one of the creditors of the insolvent. The further facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
— That the judgment of the court below granting the petitioner a discharge from his debts is erroneous is clear. The debts from which he sought to be discharged by the proceedings in the court below, which were had under the state Insolvency Act of 1880, wore incurred and were existing prior to August 30, 1878. On that day this petitioner filed a petition in the District *204Court of the United States in and for the district of California, praying to be adjudged a bankrupt pursuant to the provisions of the then Bankrupt Act of the United States, and to be discharged from his debts provable…
2Cited by6 opinions
- Noyes v. GerardMontana Supreme Court · 1909
- Estate of French v. KellyMontana Supreme Court · 1960
- Estate of French v. KellyMontana Supreme Court · 1960
- In re MarshCalifornia Supreme Court · 1896
- Packer v. LehnerSupreme Court of New Jersey · 1935
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