California Furniture Co. v. Halsey

In bank, Morrison, C. J.: This is an application for a writ of certiorari, made upon a petition presenting substantially the following facts: That upon the 29th day of December, 1879, one B. F. Buhr filed in the County Court of the City and County of San Francisco his petition in insolvency, in pursuance of the act entitled “An Act for the relief of insolvent debtors, and protection of creditors,” approved May 4th, 1852: that attached to the said petition was the schedule required by § 3 of said act; and that upon the filing of the said petition, the County Judge of said city and county made an order requiring the creditors of said Buhr to appear at a specified time and place, and show cause why an assignment of the insolvent’s assets should not be made; and at the same time said County Judge made an order staying all proceedings against said insolvent debtor: that at the time of filing said petition, and for more than one year prior thereto, said B. F. Buhr and one A. M. Bandy were copartners, doing business under the firm-name and style of Buhr & Bandy: that the California Furniture Company is a corporation duly organized, etc.; and that on the 20th day of December, 1879, said firm of Buhr & Bandy was indebted to said corporation in the sum of $142.32, for goods, wares, and merchandise sold and delivered to said firm by said corporation: that on the 29th day of December, 1879, said California Furniture Company commenced an action in a Justice’s Court of the City and County of San Francisco against said firm of Buhr & Bandy, for the recovery of said indebtedness; and thereafter, to wit, on the 3rd day of January, 1880,' duly recovered a judgment in said Justice’s Court against said Buhr & Bandy for the amount of said indebtedness: that an execution was afterward issued upon said judgment, and was placed in the hands of the proper officer: that upon satisfactory proof that the defendants had assets belonging to said copartnership in their possession or under their control, which they refused to apply to the satisfaction of said execution, the said Justice of the Peace made and entered an order requiring the said defendants' to appear at a [317]time and place designated in said order, and answer concerning said partnership property; that by virtue of the law, the insolvency case of Buhr v. His Creditors was, on the 1st day of January, 1880, transferred to the Superior Court of the City and County of San Francisco, where said cause is still pending and undetermined; that after the said transfer, and after said case had been assigned to the department of said Superior Court over which said Charles Halsey presides, the said Superior Court made an order, denominated a writ of prohibition, whereby the examination of said Buhr, by the said Justice’s Court, was absolutely prohibited. It is this writ of prohibition, so issued by the Superior Court, that is complained of, and which we are asked to review on this writ of certiorari.