McEachran

McEachran v. McEachran

Good Law
1889 Cal. LEXIS 838·82 Cal. 219·23 P. 46
Supreme Court of CaliforniaDecember 28, 1889No. 12225California2,056 words

Opinion

Lead Opinion

Belcher, J.

On the eighteenth day of February, 1885, the respondent, C. T. McEachran, filed his petition in the superior court of Napa County, praying that he be adjudged an insolvent debtor. On the same day he was adjudged insolvent, and in March following, an assignee of his estate was appointed. On the 31st of October, 1885, the appellant, William Matheson, filed his claim against the estate of the insolvent, and therein set up that the insolvent was indebted to him in the sum of $3,351.11, upon a judgment rendered in the superior court of Napa County on the twenty-sixth day of October, 1883.

On the 27th of March, 1386, the respondent filed in court his petition for a discharge from his debts. The appellant opposed the discharge, and filed specifications in writing of the grounds of his opposition, and thereupon the respondent made and filed the oath required by section 49 of the insolvent act to be taken and subscribed before any discharge can be granted. Thereafter, on the 16th of June, 1886, the appellant filed amended specifications of the grounds of his opposition to the discharge. The specifications set up that from the year 1870 to the 26th of October, 1883, a partnership existed…

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