Dean v. Baker (1883) · DecisionDepot

Dean v. Baker

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

California Supreme Court Oct 23, 1883Published

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Holding. The court held that the trial court erred by excluding evidence offered by the plaintiff to prove that the defendant intentionally omitted real property from his insolvency schedule.

Issues

Whether the trial court erred in excluding evidence of the defendant's intentional omission of real property from his insolvency schedule under section 32 of the Insolvency Act of 1852.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the court erred in ruling out the offer of the plaintiff to prove that the defendant Grimes had wilfully, knowingly and intentionally omitted from the schedule of property annexed to his petition in insolvency, certain real property”

Synopsis

Appeal from a judgment of the Superior Court of Merced County.

Per Curiam. We are of opinion that under section 32 of the Insolvency Act of 1852, the court erred in ruling out the offer of the plaintiff to prove that the defendant Grimes had wilfully, knowingly and intentionally omitted from the schedule of property annexed to his petition in insolvency, certain real property held and owned by him at the time of the commencement of the insolvency proceedings; and for this reason the judgment is reversed and the cause is remanded.

Dean v. Baker

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