Strueven v. His Creditors

California Supreme Court

Strueven v. His Creditors

62 Cal. 45, 1882 Cal. LEXIS 697

CourtCalifornia Supreme Court

DecidedNovember 14, 1882

DocketNo. 7,503

StatusPublished

This text of 62 Cal. 45 (Strueven v. His Creditors) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Strueven v. His Creditors, 62 Cal. 45, 1882 Cal. LEXIS 697 (Cal. 1882).

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Opinion

The Court :

The insolvency proceedings were commenced under the Act of 1852. That Act did not require the answer of the petitioner to the opposition of a creditor to be verified. Prior to the filing of the answer in this case, the Legislature had passed the Insolvent Act of 1880, which requires verification of the pleadings. This requirement concerns procedure merely, and governs pleadings filed after its passage. According to Section 68 of the Act of 1880, that Act is not to affect any case previously instituted; but there is no indication of an in[49]*49tention to keep alive the former mode of procedure in conflict with the Act. The Court erred in dismissing the opposition and in making a decree of discharge.

The objection that the opposing creditor had not proved his claim before filing his opposition is taken too late, when taken in this Court for the first time.

Judgment reversed and cause remanded for further proceedings.

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The Court :

The insolvency proceedings were commenced under the Act of 1852. That Act did not require the answer of the petitioner to the opposition of a creditor to be verified. Prior to the filing of the answer in this case, the Legislature had passed the Insolvent Act of 1880, which requires verification of the pleadings. This requirement concerns procedure merely, and governs pleadings filed after its passage. According to Section 68 of the Act of 1880, that Act is not to affect any case previously instituted; but there is no indication of an in[49]*49tention to keep alive the former mode of procedure in conflict with the Act. The Court erred in dismissing the opposition and in making a decree of discharge.

The objection that the opposing creditor had not proved his claim before filing his opposition is taken too late, when taken in this Court for the first time.

Judgment reversed and cause remanded for further proceedings.

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Bluebook (online)

62 Cal. 45, 1882 Cal. LEXIS 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strueven-v-his-creditors-cal-1882.