O'Neil v. Dougherty (1873) · DecisionDepot

O'Neil v. Dougherty

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1873 No. No. 3,893Published

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Holding. A bankrupt party may continue to prosecute an appeal in their own name, or the assignee may do so, and the respondent cannot object to the appeal proceeding in the bankrupt's name.

Issues

Whether a bankrupt party may continue to prosecute an appeal in their own name after adjudication of bankruptcy.

Disposition. Motion denied.

Quotations verified verbatim against the opinion

“The bankruptcy of Dougherty, the appellant, though adjudicated before the taking of the appeal, will not prevent its prosecution in his name, nor will the respondent be heard to object on that ground.”

“The appeal may be prosecuted in the name of the bankrupt, or in that of his assignee.”

Synopsis

Appeal bt a Bankrupt.—The bankruptcy of a party against whom a judgment has been rendered, though adjudicated before the taking of the appeal, will not prevent the prosecution of an appeal in his name. The appeal may be prosecuted in the name of the bankrupt, or in the name of . his assignee.

By the Court: The bankruptcy of Dougherty, the appellant, though adjudicated before the taking of the appeal, will not prevent its prosecution in his name, nor will the respondent be heard to object on that ground. The appeal may be prosecuted in the name of the bankrupt, or in that of his assignee. (Code Civil Procedure, Sec. 385.) Besides, it is shown that the assignee is really conducting the appeal here, though in the name of the bankrupt.

Motion denied.

O'Neil v. Dougherty

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