Balfour & Garrette v. Worley

This is an application on the part of the above-named corporation for its voluntary dissolution. The proceeding is authorized by the provisions of section 1227 to 1233, inclusive, of the Code of Civil Procedure.

Before the expiration of the time of the publication of the notice of said application as prescribed by section 1230 of said code, the contestant, T. C. Worley, filed objections to said application. (Code Civ. Proc., sec. 1231.) The ground upon which said opposition is interposed is that said corporation “is indebted to the said T. C. Worley in a sum exceeding $300 for commissions due to the said Worley for acting as the agent of the said corporation for selling certain lands in the county of Colusa, state of California,” etc.

•An answer to said opposition was in due time filed by the corporation in which it denied that it was indebted to said Worley in any sum or that it was a creditor of said Worley.

Upon the issues thus framed the contest was tried and a judgment rendered and entered disallowing the prayer of the petitioner.

Thereafter the corporation moved for a new trial which was denied.

This appeal is from the judgment and the order denying the corporation a…