In re Close
Before: Searls
Synopsis
Insolvency—Sufficiency of Creditors’ Petition.—A petition by creditors against an insolvent debtor sufficiently states a cause of action, when it shows that all the creditors were residents of the state of California, that the demands are due an? accrued in this state, and states * the nature and amount of their several demands, and the other facts required by section 8 of the Insolvent Act.
Id.—Verification of Petition.—The verification of a petition by three persons, one of whom swears that he is vice-president of a corporation named as one of the petitioners, sufficiently shows a verification by an officer of the corporation, as required by section 446 of the Code of Civil Procedure.
Id.—Allowance of Counsel Fees.—The law makes no provision for an allowance from the estate of an insolvent debtor, to employ counsel and pay expenses of the litigation on his part, contesting the adjudication of insolvency.
Id.—Insufficient Petition for Counsel Fees.—A petition for counsel fees in a specified sum, which does not show the nature or value of the estate, is insufficient.
Searls, C. This is an appeal by Benjamin Close from the judgment of the superior court in and for Humboldt county adjudging him an insolvent debtor, and from an order denying his application for an allowance from his estate of money sufficient to employ counsel, pay costs, expenses, etc.
The petition is in the following language:
“ In the Superior Court of the County of Humboldt, State of California.
“In the matter of Benjamin Close in insolvency.
“ Creditors’ Petition in Involuntary Insolvency.
“The petition of the hereinafter mentioned creditors respectfully shows:
“ That said respondent, Benjamin Close, is indebted to the following petitioners, all residents of the state of California:
“To Eoot & Sanderson, a partnership, in the sum of $537.26 for goods sold and delivered to said Benjamin Close within twenty-three months last past.
“To H. Levi & Co., a partnership, in the sum of [577]$136.30, for goods sold and delivered to said Benjamin Close within twenty-three months last past.
“ To Seller & Bros. Co., a partnership, in the sum of $28.89, for goods sold and delivered to said Benjamin Close within twenty-three months last past.
“ To Getz Bros. & Co., a partnership, in the sum of $79.05, for goods sold and delivered to said Benjamin Close within twenty-three months last past.
“To Wheaton, Breon & Co., a partnership, in the sum of $73.88, for goods sold and delivered to said Benjamin Close within twenty-three months last past.
“ To J. A. Folger & Co., a corporation, in the sum of $285.81, for goods sold and delivered to said Benjamin •Close within twenty-three months last past.
“ That all said demands accrued in this state; that all said sums are due and unpaid, and have not been assigned to the petitioners in whole or in part; that said debtor resides and has his place of business in said county of Humboldt, state of California, and has permitted his property to remain under attachment for over four days, and that he is insolvent and has so been before and ever since said attachment was levied on his property; that the said insolvent has no other property.
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