Strueven v. His Creditors

Appeal Tby Donnelly, Dunne & Co., opposing creditors, from the judgment of the Superior Court of the City and County of San Francisco granting a discharge. Halsey, J.

Proceeding in insolvency. On the seventeenth of March, 1880, the respondent Strueven filed his petition in the Superior Court asking a discharge from his debts. On the fifth of May, 1880, A. J. Donnelly and others, creditors appealing, filed their opposition in writing, alleging divers frauds, committed by petitioner, for which they claimed he should be denied his discharge. This opposition was verified. On May 14, 1880, the petitioner filed an answer to the opposition consisting of a general denial not verified, which appellants moved to strike out, and afterwards, on the twenty-second of July, the petitioner elected to file an amended answer to the opposition. This answer was not under oath.

On the twenty-sixth of July, 1880, the opposing creditors gave notice of motion to strike out this last answer, because it was not verified, and to dismiss the petition for want of answer, and on the sixteenth of August, 1880, the Court denied the motion to strike out the amended answer, to which the opposing creditors took their bill of exceptions, which sets forth the foregoing facts. On the twentieth of August, 1880, the Court entered an order discharging the petitioner from his debts, and from this order an appeal is taken.