Barrett v. Carney
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, El Dorado County. The prayer of the appellant’s petition in insolvency was as follows : “ Wherefore your petitioner prays to make a cession of his estate, and to be discharged from his debts in (pursuance of the provisions of said [Insolvent] Act.” The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Currey, C. J.:
This action was brought to recover the several amounts which appeared to be due on five promissory notes made by the defendant. He answered, pleading the general issue, and also, as an affirmative defence in bar to the several causes of action set forth in the complaint, a judgment and decree of the County Court of El Dorado County discharging him from all his debts under the provisions of the .Act entitled “ An Act for the relief of insolvent debtors and the protection of creditors.”
The plaintiff, having produced his evidence and rested, the defendant offered in…
2Cases cited11 opinions
- Foot v. StevensNew York Supreme Court · 1837
- Hart v. SeixasNew York Supreme Court · 1839
- Wyman v. MitchellNew York Supreme Court · 1823
- Cleveland v. RogersNew York Supreme Court · 1831
- Service v. HeermanceNew York Supreme Court · 1806
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3Cited by2 opinions
- Ohleyer v. BunceCalifornia Supreme Court · 1884
- Adolph M. Schwartz, Inc. v. Burnett PharmacyAppellate Division of the Superior Court of California · 1931