Rosenthal, Feder, & Co. v. Levy
California Supreme Court
Appeal from an order of the Superior Court of Nevada County requiring the assignee of an insolvent debtor to file his account. ' The proceeding was brought to compel the appellant, the assignee for the benefit of the creditors of one L. Hyman, an insolvent debtor, to make and file a true account of the estate of the insolvent, under the provisions of sections 29 and 30 of the Insolvent Act of 1880. The assignee appeared in response to an order to show cause issued upon the…
Read the full summary
Appeal from an order of the Superior Court of Nevada County requiring the assignee of an insolvent debtor to file his account. ' The proceeding was brought to compel the appellant, the assignee for the benefit of the creditors of one L. Hyman, an insolvent debtor, to make and file a true account of the estate of the insolvent, under the provisions of sections 29 and 30 of the Insolvent Act of 1880. The assignee appeared in response to an order to show cause issued upon the petition of the respondents, and demurred to the same generally and specially. The demurrer being overruled, the assignee…
1Opinion of the CourtTemple, J.
The order appealed from in this case is in no sense a final order, and is not appealable. Furthermore, it is one the court should have made of its own motion, upon mere suggestion. The assignee was, apparently, in default, as he had not complied with section 29 of the Insolvent Act, which required him to render an account at the expiration of three months.
The assignee cannot at any time be heard to object to an order requiring him to render an account. The court may so order as often as occasion seems to require.
Appeal dismissed.
Patebson, J., and McKjnstey, J., concurred.
2Cited by2 opinions
- People v. AllenCalifornia Court of Appeal · 1918
- Rubio v. City of VisaliaDistrict Court, E.D. California · 2024