Brangon v. His Creditors
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco granting a discharge in insolvency. The facts appear in the dissenting opinion of Mb. Justice Ross.
1DissentRoss, J.
This was a proceeding in insolvency under the Insolvent Act of 1852. Within statutory time, *395under the provisions of section 20 of the act, Henry Cowell, a dissenting creditor of the insolvent, who had proved up his claim, filed a written opposition to the discharge of the insolvent, grounded on fraud. The accusation was answered by the insolvent, but before any trial was had of the issues raised by the answer, the attorneys for the insolvent and the opposing creditor stipulated to withdraw the opposition and answer, and to allow the proceedings in insolvency to go on, as if no opposition had…
2Cases cited1 opinion
- Cerf v. OaksCalifornia Supreme Court · 1881