Menke v. Lyndon
California Supreme Court
APPEAL from an or'der of the Superior Court of Santa Clara County denying an application for a temporary injunction. A. S. Kittredge, Judge. The facts are stated in the opinion.
1Opinion of the Court
BRITT, C.
On January 18, 1897, one Werner H. Menke, being insolvent, made to the defendant Lyndon, who was the sheriff of Santa Clara county, an assignment of property in trust for the benefit of his creditors under the provisions of section 3449 of the Civil Code, as amended in the year 1895. Thereupon the sheriff called a meeting of the creditors, as required by said statute, “for the purpose of electing one or more assignees in the place and stead of the said sheriff.” At the meeting thus called the sheriff presided and declared as the result of the vote of the creditors that the defendant…
2Cases cited4 opinions
- People v. SmithCalifornia Supreme Court · 1850
- O'Neill v. ReynoldsCalifornia Supreme Court · 1897
- In re PurvisDistrict Court, D. Maryland · 1867
- In re ScheifferDistrict Court, D. Minnesota · 1869