In re Russell
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County. The proceeding was instituted on January 9, 1885, by certain individuals and firms, alleged creditors of W. H. Russell, to have him adjudged an insolvent debtor.
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Appeal from a judgment of the Superior Court of Sacramento County. The proceeding was instituted on January 9, 1885, by certain individuals and firms, alleged creditors of W. H. Russell, to have him adjudged an insolvent debtor. The petition averred that Russell was indebted to each of the petitioners in a stated sum of money, but did not allege how or when the respective indebtedness occurred, or that they had not been paid, nor did it state the names of the individuals composing the firms. Russell demurred to the petition. The demurrer was sustained,. and the petitioners declining to amend,…
1Opinion of the Court
McKinstry; J.
In Campbell v. Judd, 7 West Coast Rep. 372, it was held that a petition of creditors under section 8 of the insolvent law of April 16, 1880, when the alleged creditors are described therein as firms or co-partnerships, and the names of the persons comprising the firms are not given, “complies with the requirements of the statute, and is sufficient.”
Respondent herein contends that the petition is insufficient and subject to general demurrer in that it does not show that the petitioners have each a cause of action against respondent. The averment is, that “W. H. Russell is indebted…
2Cited by2 opinions
- Mogk v. PetersonCalifornia Supreme Court · 1888
- In re DenneryCalifornia Supreme Court · 1891