Baker v. Everhart
California Supreme Court Feb 4, 1884 No. No. 9,128Published
Synopsis
Insolvency—Schedule—Oath of Petitioneb—Jubisdiction.—In proceedings in insolvency the schedule filed by the petitioner must be sworn to before the judge of the court to which the application is made. If sworn to before a notary public the court has no jurisdiction to decree a discharge.
The Court. The Superior Court did not have jurisdiction to make a decree discharging the alleged insolvents; the schedule was sworn to before a notary public, whereas section 4 of the Act of 1852 required it to be sworn to “ before the judge having jurisdiction,” etc.
The judgment is reversed and the cause is remanded, with instructions to render judgment for plaintiff on the findings.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)