Fisk v. His Creditors
California Supreme Court
Appeal from the County Court of El Dorado County. This was an application by the plaintiff, Fisk, to the County Court of El Dorado county for a discharge from his debts, upon the ground of insolvency. Several of Fisk’s creditors filed their objections to his discharge, alleging that he had made a sham and false deed of his property, which was not included in his schedule. The question of fraud was tried by a jury.
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Appeal from the County Court of El Dorado County. This was an application by the plaintiff, Fisk, to the County Court of El Dorado county for a discharge from his debts, upon the ground of insolvency. Several of Fisk’s creditors filed their objections to his discharge, alleging that he had made a sham and false deed of his property, which was not included in his schedule. The question of fraud was tried by a jury. The Court gave certain instructions to the jury, which appear in the opinion of the Court. The jury found that the question of fraud was not sustained, and the plaintiff was…
1Opinion of the CourtBaldwin, J.
This was a contest, before a jury of six men, on the ground of fraud.
We think this Court has jurisdiction of this case, on appeal, it being one of the special cases provided for by the 336th section of the Practice Act. We have thought it best expressly to decide this question of practice, in limine, though by taking jurisdiction of, and deciding many cases of this sort, we have given a practical recognition of the principle heretofore.
The case was tried on the issue of fraud, and facts having been *282introduced tending to show that the insolvent had made and caused to he recorded a sham deed…
2Cited by3 opinions
- People ex rel. Sturgis v. ShepardCalifornia Supreme Court · 1865
- People ex rel. Grow v. RosboroughCalifornia Supreme Court · 1866
- Grow v. RosboroughCalifornia Supreme Court · 1866