Creditors v. Consumer's Lumber Co.
California Supreme Court
Appeal from a judgment of the Superior Court of Humboldt County. The facts are stated in the opinion of the court.
1Opinion of the Court
Garoutte, J.—
This is an appeal from an order of adjudication of insolvency, based upon a petition of creditors. The demurrer to the petition was properly overruled. Section 8 of the Insolvency Act requires the petition to be filed in the superior court of the county, or city and county, in which the debtor resides or has his place of business. The allegation of the petition is that the lumber company has its place of business at Humboldt County, California. Even conceding that an allegation of residence or place of business is essential to the sufficiency of the petition, then the allegation…
2Cases cited2 opinions
- Cohn v. Central Pacific RailroadCalifornia Supreme Court · 1886
- Harris v. McGregorCalifornia Supreme Court · 1865
3Cited by8 opinions
- First National Bank v. WilcoxWashington Supreme Court · 1913
- Shell Oil Co. v. Superior CourtCalifornia Court of Appeal · 1934
- Department of Industrial Relations v. Davis Moreno Construction, Inc.California Court of Appeal · 2011
- Anderson v. Superior Court of Lassen CountyCalifornia Supreme Court · 1898
- In Re CarmenCalifornia Supreme Court · 1957
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