Langenour v. French
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Placer County. This was an action against respondent and others, upon a note executed to plaintiff by respondent and others, for the sum of two thousand five hundred and sixty-six dollars, with interest at one per cent per month from its date, July 13th, 1861. The defence relied on by respondent was a plea in bar of certain insolvent proceedings and judgment rendered, in the case of James French v. His Creditors,…
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Appeal from the District Court, Fourteenth Judicial District, Placer County. This was an action against respondent and others, upon a note executed to plaintiff by respondent and others, for the sum of two thousand five hundred and sixty-six dollars, with interest at one per cent per month from its date, July 13th, 1861. The defence relied on by respondent was a plea in bar of certain insolvent proceedings and judgment rendered, in the case of James French v. His Creditors, whereby it was alleged that respondent was discharged from the debt sued on. At the trial, the plaintiff introduced the…
1Opinion of the Court
By the Court, Sawyer, J.:
Although the language used is not very exact or apt, wre think the petition substantially shows the jurisdictional facts. So, also, the order made by the Judge might in some respects have been better expressed; yet, the effect is, to combine an order for meeting of the creditors with an order to publish the notice. It necessarily imports that the creditors are required to meet on the day they are to be notified *98to meet. Jurisdiction having been obtained, we do not think the evidence discloses facts sufficient to vitiate the judgment discharging the insolvent.
Judgment…
2Cited by8 opinions
- Read v. RahmCalifornia Supreme Court · 1884
- Haub v. TuttleCalifornia Court of Appeal · 1926
- Primm v. Superior CourtCalifornia Court of Appeal · 1906
- Ohleyer v. BunceCalifornia Supreme Court · 1884
- England v. Moore Equipment Co.District Court, N.D. California · 1950
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