Halsey
California Furniture Co. v. Halsey
Opinion
lead Opinion
Bankmorrison, J.
This is an application for a writ of certiorari, made upon a petition presenting substantially the following facts: That upon the 29th day of December, 1879, one B. F. Buhr filed in the County Court of the City and County of San Francisco his petition in insolvency, in pursuance of the act entitled “An Act for the relief of insolvent debtors, and protection of creditors,” approved May 4th, 1852: that attached to the said petition was the schedule required by § 3 of said act; and that upon the filing of the said petition, the County Judge of said city and county made an order requiring the creditors of said Buhr to appear at a specified time and place, and show cause why an assignment of the insolvent’s assets should not be made; and at the same time said County Judge made an order staying all proceedings against said insolvent debtor: that at the time of filing said petition, and for more than one year prior thereto, said B. F. Buhr and one A. M. Bandy were copartners, doing business under the firm-name and style of Buhr & Bandy: that the California Furniture Company is a corporation duly organized, etc.; and that on the 20th day of December, 1879, said firm of Buhr & Bandy was…