Longnecker v. His Creditors
California Supreme Court Mar 21, 1888 No. No. 12,268Published
Synopsis
Insolvency—Setting Aside Discharge—Discretion.—The disposition of a motion to set aside a decree of final discharge in insolvency rests largely on the discretion of the nisi prius court, and will not be reviewed except in case of an abuse of that discretion.
Per CURIAM. This is an appeal from an order denying a motion to set aside a decree of final discharge in insolvency. The motion was based upon the inadvertence, surprise, excusable neglect, etc., of the appellant. The disposition of motions of this kind rests largely in the discretion of the nisi prius court; and in this ease we see no such abuse of discretion as would warrant us in disturbing the ruling of the court below. Order affirmed.
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